Bentley, Derek

Derek Bentley was one of two men convicted in December 1952 of murder after his younger associate, Christopher Craig, shot and killed a police officer. Mr Bentley was found responsible for the murder under the doctrine of ‘joint enterprise’.

At trial, much turned on the construction of Mr Bentley’s words “let him have it,'” which could have been taken either as an incitement to Mr Craig to use the gun or as an appeal to him to surrender it to the police officer.

Mr Bentley was executed on 28 January 1953 following an unsuccessful appeal.

The CCRC received an application for review of the conviction in April 1997.

Following investigation, the CCRC concluded that there had been a failure at trial, especially in the judge’s summing up, to consider adequately the issue of whether there had been continuing joint enterprise at the time of the shooting, as well as the issue of Mr Bentley’s withdrawal from any joint enterprise.

The CCRC found that the judge’s summing up did not meet the objectives of clarity and precision which the law and circumstances of the case required, particularly in regard to his directions to the jury on the burden and standard of proof.

In addition, information concerning Mr Bentley’s mental health had not been disclosed at trial. The CCRC obtained new expert psychiatric evidence which was relevant to the interpretation of statements made by Mr Bentley to the police in interview and to his demeanour in the witness box. These had been key issues at trial.

The CCRC referred the conviction in November 1997.

The Court of Appeal quashed the conviction in July 1998.