Case Study: The Derek Bentley Case

Who was Derek Bentley?

Derek Bentley was a young man found guilty of murder and executed in 1953. His case was controversial and led the public to be more critical of capital punishment.

What did Derek Bentley do?

The 6 main events leading to Bentley's arrest in 1952 were well documented:

• ❖ Bentley, along with his 16-year-old friend, Chris Craig, were caught burgling a warehouse in London. Craig was carrying a gun and he gave Bentley a sheath knife.
• ❖ Detective Sergeant Fairfax climbed up and managed to arrest Bentley.
• ❖ According to the police, DS Fairfax asked Craig to hand over his gun, at which point Bentley shouted, 'Let him have it, Craig.'.
• ❖ Craig fired at Fairfax, injuring him in the shoulder.
• ❖ Bentley did not use the weapons in his pockets and made no attempt to escape.
• ❖ More officers climbed onto the roof. PC Sidney Miles was immediately shot by Craig and killed.

What was Derek Bentley charged with?

Bentley and Craig were both charged with murder. Craig was too young to hang as he was aged under 18, but Bentley faced the death penalty if guilty.

What was Derek Bentley's trial like?

There are 3 important facts to note about the trial:

• ❖ At the trial, Bentley and Craig denied Bentley ever said, 'Let him have it'.
• ❖ Even if he had said it, Bentley's lawyer argued, he could have meant, 'Hand over the gun'.
• ❖ There was also controversy over whether Bentley was fit to stand trial as he had the mental age of a ten-year-old child.

What was Derek Bentley's sentence?

Despite not firing the fatal shot, the jury found Bentley guilty. Although they recommended mercy, he was sentenced to death. Craig was imprisoned and not released until 1963.

How did Derek Bentley's lawyer react to his sentence?

Bentley's lawyers tried to appeal his sentence but were turned down.

How did people react to Derek Bentley's sentence?

There was a public outcry and 200 MPs signed a memorandum asking the Home Secretary, Sir David Maxwell Fyfe, to show mercy and cancel the execution.

When was Derek Bentley executed?

Despite pressure, Home Secretary Fyfe refused to halt the execution. Derek Bentley was hanged at Wandsworth Prison on 28th January, 1953.

How did people react to Derek Bentley's death?

There are 3 main facts to note about people's reaction to the execution of Derek Bentley:

• ❖ 5,000 people protested outside the prison.
• ❖ There were angry confrontations with police. Some protesters ripped down and burned the death notice posted on the prison gates.
• ❖ 2 people were arrested for causing damage to property.

How did Derek Bentley's family campaign for him?

There are 3 key facts to note about the campaign of Derek Bentley's family:

• ❖ Bentley's family campaigned for a posthumous (after death) pardon.
• ❖ They used the media to promote their cause and his case became widely known through songs, films and books.
• ❖ The campaign lasted more than 40 years.

When was Derek Bentley pardoned?

Derek Bentley was eventually pardoned in 1993. The murder conviction was quashed in 1998 by Court of Appeal.

How was Derek Bentley's execution significant?

The public outcry over the Bentley case contributed to the argument against the death penalty. Many believed it was a miscarriage of justice and made the law look cruel. People doubted the morality of capital punishment.