A former vet accused of perverting the course of justice by forging a court document has walked free after a judge criticised the Crown Prosecution Service for accepting a plea to a lesser charge.

Judge Andrew Patience, QC, was concerned that a charge of making a malicious communication, for which the maximum sentence was six months in jail, did not properly reflect what appeared to be the clearest possible case of forgery of a document with a judge’s signature on it.

“A clearer contempt is hard to imagine,” he said.

Asked how high the matter had gone, he was told the decision was taken by the acting chief crown prosecutor.

Judge Patience suggested it should have been left to a jury to make such a decision.

Peter Alcock, defending, said there was no judge’s signature on the letter. It was a serious charge, he said, but Brian Clancy, 40, did not intend anyone to look on the document as genuine.

“He has been in custody for over two months already,” said Mr Alcock. “If he needs a lesson as a result of his behaviour, he is in the process of learning it by being in Elmley (Prison).”

Judge Patience said “not without hesitation”, he would accede to the plea being accepted.

He told Clancy, formerly of Stour Valley Veterinary Centre in Sturry: “Your behaviour is deplorable. Although Mr Alcock puts forward an explanation, it provides absolutely no excuse whatsoever.

“The creation of a document which purports to be authorised by a judge is an extremely serious matter.

“Should you purport to behave in this way in the future, you really will be in a very serious position.”

Divorced Clancy was sentenced to four months imprisonment, with 64 days spent in custody counting towards the term.

“It means you will be released immediately,” added the judge.