Warwickshire 22/02/2010

Warwickshire CPS statement on discontinuance of charges against Roger Day

23/02/2010

Following a review on the case of Mr Roger Day, Warwickshire Crown Prosecution Service (CPS) made a decision to discontinue the prosecution on the basis that there was insufficient evidence to provide a realistic prospect of conviction.

On 15th January 2010, the CPS were contacted by Mr Day's defence solicitors querying the original charge. In light of this query and the subsequent review, the CPS can confirm that Mr Day should not have been charged under the Army Act 1955, as this Act had been repealed 11 days prior to the offence being committed and replaced by the Armed Forces Act 2006.

As soon as this error was discovered, we contacted the court and Mr Days defence solicitors.

Having reviewed the file and re-applied the Code for Crown Prosecutors, a decision was made to discontinue the prosecution.

On 11th November 2009, Mr Day took part in a Remembrance Day Parade in Bedworth. He wore a number of military decorations on his blazer which he claimed he had been awarded in the line of duty. Attention was drawn to these decorations and a complaint was made to the police.

Following an investigation by Leicestershire police, a file was submitted to Warwickshire CPS who applied the Code and decided that there was sufficient evidence and it was in the public interest to charge Mr Day with unlawfully using decoration under 197 (1) (b) of the Army Act 1955.

He pleaded guilty to this offence and he appeared before Nuneaton Magistrates court where he was sentenced to 60 hours of community service.