Page last updated at 14:05 GMT, Tuesday, 23 February 2010

'Fake medal' man's case dropped

Roger Day and the medals
Roger Day was captured on video taking part in the parade

A community service order imposed on a man for falsely wearing war medals has been scrapped after it was found he had been prosecuted under a defunct law.

Roger Day, admitted in January to wearing medals he had not earned in a Warwickshire Armistice Day parade.

But three days later defence solicitors for the 61-year-old queried the charge.

The Crown Prosecution Service (CPS) later found the Act under which he had been charged had been repealed 11 days prior to the offence being committed.

SAS badges

The CPS has since decided to not pursue a new prosecution under the new Armed Forces Act 2006.

Mr Day, of Church Street, Earls Shilton, took part in the parade in Bedworth on the 11 November.

He wore 17 medals including awards for serving in World War II, the Military Medal, and SAS badges.

He appeared at Nuneaton Magistrates Court on 12 January and admitted wearing them unlawfully under the 1995 Army Act.

He was given 60 hours community service.

A spokesman for West Midlands CPS said they were contacted by his defence solicitors, querying the charge, on 15 January.


The spokesman added: "In light of his query and the subsequent review, the CPS can confirm that Mr Day should not have been charged under the Army Act 1995, as this act had been repealed 11 days prior to the offence being committed and replaced by the Armed Forces Act 2006.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 Day's defence solicitors."

He said that having reviewed the file a decision was made to discontinue the prosecution.

Parade organisers said they were 'fuming' over the dropped charges.

Gil Leach said: "We just couldn't believe it.

"We don't want to it to happen when we organise a parade to commemorate people who gave the ultimate sacrifice."

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