NEWLYWEDS who took their young daughter out of school to join them on honeymoon have appeared in court.

Janine and Shane Scott faced up to three months in jail, but have instead been offered a caution – which would mean they would avoid having a criminal record.

The Stockton couple say they want to think about the offer from their local council, because "we just don't want to roll over for them".

They took their eight-year-old daughter Elissa with them on a £3,000 dream holiday to New York, during term-time believing it would be allowed because of exceptional circumstances.

But they returned to £60 fixed penalty notices and were ordered to appear at Teesside Magistrates' Court, where a tearful Janine said they had no idea what they were doing was a strict liability offence and could result in criminal records.

The pair, from Daventry Avenue, in Stockton, made no pleas at the hearing, and a local authority official insisted they were not "heartless".

Michele Stowe, prosecuting on behalf of Stockton Council, spoke to the parents and gave them the opportunity to accept a caution as an alternative and to "pay a contribution" to the council.

She said that the parents, who were not represented at the hearing, only requested to take Elissa out of John The Baptist Primary School, in Ragworth, Stockton, when she was already due to go on holiday, but added that a caution was offered.

"It is an alternative to the prosecution and they will not have a criminal conviction if it is accepted," Ms Stowe told justices.

"We are not heartless at the end of the day."

The case was adjourned to give time for Janine, 28, and Shane to decide whether they want to accept the caution or carry on fighting the prosecution.

Stagecoach bus driver Shane said he worked shifts and the only time he could get off was between June 11 and July 20.

The couple said Elissa had a 92.5% attendance record last year, and she has had no absences since then.

"Taking the caution is the best option as we don't want criminal records, which we've never had, but at the same time we feel we've done nothing wrong," said 27-year-old Shane.

"We feel like we don't just want to roll over for them."