Derek Bentley Case

In 1953, the Derek Bentley case shook the British public. Derek Bentley, aged just 19, was sentenced to death despite not possessing nor firing the gun that killed Police Constable Sidney Miles. In reality, Bentley was sentenced to death for speaking the simple words: 'Let him have it, Chris'. The execution of Derek Bentley catalysed a debate regarding the use of capital punishment in Britain.

The Early Life of Derek Bentley

Derek Bentley was born in East London in 1933. Despite having a stable upbringing and decent family life, Bentley's childhood was anything but straightforward. After suffering severe head trauma in his youth, Bentley became mentally impaired. Because of this, he struggled in education and work, turning to a life of petty crime. He was sent to juvenile prison when he was 15 and was subsequently rejected from the National Service because he was 'mentally substandard'.

In 1948, while attending Kingswood Approved School, Bentley met Christopher Craig. Craig's family had criminal connections, and the boy was involved in the world of crime.

The Murder of PC Sidney Miles

On 2 November 1952, Bentley and Craig agreed to burgle a warehouse in Croydon. Craig was armed with a Colt 45 revolver, and Bentley was armed with a knuckle duster.

The police were called after the pair were spotted climbing over the warehouse fence. The police cornered the pair, with Detective Sergeant Frederick Fairfax tackling Bentley to the floor and arresting him. According to witnesses, Bentley shouted, 'Let him have it, Chris'. Whether Bentley was asking Craig to hand over his weapon or to open fire is subject to debate. Upon hearing this, Craig opened fire and wounded DS Fairfax.

Over the next half hour, Craig and the Police fired at one another. On the other hand, Bentley remained with the police as he was still under arrest. Bentley did not take out his weapon or attempt to flee the scene. During the firefight, a bullet hit PC Sidney Miles in the head and killed him.

After running out of bullets, Craig jumped from the roof and fractured his pelvis. Both the boys were then arrested and taken into custody.

The Flaws of Derek Bentley Case

The case of Derek Bentley was littered with flaws and controversies that surfaced before the trial began. The severity of the crime prompted Lord Chief Justice Rayner Goddard to preside over Bentley's trial. Goddard had strong views regarding the case and had earlier confided to Sir Charles Hardie that Bentley had to be found guilty 'at all costs'.¹

On 3 November 1952 - after a mere three-day trial with just 75 minutes of jury deliberation – Craig and Bentley were charged with the murder of PC Miles. At the time, murder was a capital offence; however, minors (under 18s) could not be sentenced to death. Despite not firing the gun, Bentley faced the death penalty if found guilty. This was because of the English law principle of joint enterprise.

While the principle of joint enterprise remains controversial today, using such legal precedent in coalition with a capital punishment case was unique. The fact that Derek Bentley was sentenced to death for a crime he did not commit prompted uproar among the British public and accelerated the anti-capital punishment movement.

Fig. 1 - The Old Bailey

Features of the Derek Bentley Case

There were three main features of the Derek Bentley case during the trial:

1. There was uncertainty as to how many shots were fired and by whom. In the forensics investigation, the bullet that killed Miles was not found. Furthermore, a ballistics expert cast uncertainty over whether Craig could have shot Miles deliberately. Craig had used undersized bullets and had sawn off the end of the gun's barrel, making the weapon inaccurate.
2. Craig and Bentley denied that Bentley had said, 'Let him have it, Chris'. Furthermore, it was debated whether Bentley was asking Craig to hand over his weapon or whether to open fire.
3. There was debate about whether Bentley was mentally fit to stand trial.

After 75 minutes of deliberation, the jury ruled that Bentley and Craig were responsible for the death of PC Miles. Bentley was sentenced to death, and Craig was sent to prison. Craig served ten years in prison and was released in May 1963.

After having his appeal turned down on 13 January 1953, Bentley's life was in the hands of Home Secretary David Maxwell Fyfe. Despite 200 members of Parliament requesting a debate around the issue, Maxwell Fyfe decided not to commute Bentley's sentence.

Fig. 2 - Sketch of Sir David Maxwell Fyfe

Impact of the Derek Bentley Case

Upon the outcome of the case, MP H. Montgomery Hyde stated:

On 28 January 1953, Derek Bentley was hanged at Wandsworth Prison. The execution caused public unrest, with mass protests outside the prison and the arrests of two people. The flaws of the Derek Bentley case saw a change in public opinion about capital punishment in the United Kingdom. Let's explore the arguments for and against the death penalty at the time.

Fig. 3 - Wandsworth Prison

The Derek Bentley Case and the Abolition of Capital Punishment

The Derek Bentley case was a crucial instigator in abolishing capital punishment in the UK. After 1957, the law surrounding capital punishment was amended so only murder could result in the death penalty. In 1965, the Abolition of Death Penalty Act abolished the death penalty altogether in the United Kingdom. Those convicted of serious crimes were given life in prison instead of a death sentence.

Bentley is Pardoned

After the execution of Derek Bentley, there was a long-standing effort by his parents and sister to clear his name. This campaign proved successful; on 29 July 1993, Bentley was given a royal pardon, and on 30 July 1998, the Court of Appeal repealed Bentley's conviction. Some four decades after being sentenced to death, Bentley was found a free man.

Derek Bentley Case Summary

While the case of Derek Bentley undoubtedly lit the touch paper for legal revision, it's important to remember that calls for legal reform were taking place long before Bentley's execution. In many ways, the controversial conviction of Derek Bentley simply accelerated an already-established thought movement.

Such criminal law reform came from the 20^th-century notion that prisoners should be reformed instead of punished. This concept saw the outlawing of physical labour (1902), solitary internment (1922), and borstals (1982).

Above all, the case of Derek Bentley highlights how far the British legal system has developed in such a short time. This is exemplified when we take a hypothetical look at how Derek Bentley's case would have proceeded today.

While the precedent of joint enterprise remains, current legislation suggests that Bentley would unlikely be found guilty, let alone executed. This is due to the Homicide Act of 1957, which saw the introduction of diminished responsibility – meaning criminals whose mental capacities were 'diminished' should not be held fully liable. Even if found guilty by today's standards, the Abolition of the Death Penalty Act of 1965 would have seen Bentley sentenced to life in prison instead of executed.