Case not-proven?

Dickon Hooper
The Politics Show
BBC West

Bob and Marilyn visited Parliament 17 years to the day of the acquittal verdict

One island, different laws depending on where you live.

Not a bad rough definition of the United Kingdom's legal system.

But some campaigners want to change that - and bring law from Scotland into England.

In 1990, Bob Alliss' brother, Tony, was shot and killed in Gloucestershire.

Two of Tony's neighbours - Terence and Graig Maule - were acquitted of murder after the judge stopped the case and ordered the jury to acquit.

He said there was insufficient evidence to be sure there was an agreement to murder or that the gun had not gone off accidentally.

Almost 10 years later, Tony's son Leigh - who was also shot in the incident - launched a claim for damages on the grounds that his father was unlawfully killed.

The judge rejected this, and ruled the shooting was unintentional.

Bob and his wife Marilyn have never been satisfied with these verdicts.

Not-proven verdict

They have travelled to London to help launch Justice After Acquittal with a group of cross-party MPs.

Part of what they want is a non-decided verdict to be introduced into English law, like the not-proven verdict that already exists in Scotland.

They are also keen on more support being offered to families after an acquittal.

In a not-proven verdict, the defendant is fully acquitted.

But it is often used in Scotland where a court is not satisfied that an accused is innocent and the prosecution has failed to prove guilt.

Bob's local MP, David Drew, is supportive of the idea.

"We need to think about the victims as well as those accused of a particular crime who've been acquitted.

Tony Alliss was shot dead in 1990

"The victims we've heard... do feel let down by the criminal justice system."

Some legal experts have raised concerns however, with one suggesting a better route would be to ask juries to give reasons for their decisions.

The group is now planning to lobby MPs for adjournment debates and meetings with key legal figures in England.

For Bob and Marilyn, it is another step in their campaign for what they see as justice for Tony Alliss.

Terence Maule told the BBC he wanted to put it all behind him, that he had been to court and did not want any changes to the law.

Join Jon Sopel and David Garmston on BBC One at 12:00 GMT, Sunday 29 June 2008 ...or click the latest programme button at the top of this page.

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