All well and said Tecumseh, but your assertions have not been tested in Court, from what I understand. Even if this were to be the case, how does this get the Warrant Officer (ex) off the hook?
Just because some people are able to get their hands into the biscuit barrel but can avoid prosecution for doing so (howsoever achieved), does that mean that there should be no offence (and prosecution) for theft?
Imagine if it was GBP10K of your personal property that was taken and the CPS chose not to prosecute the perpetrator becasue of some unrelated larceny allegedly commited by other people?