Derek William Bentley (30 June 1933 – 28 January 1953) was a British man who was hanged for the murder of a policeman during a burglary.
Bentley was convicted as a party to the crime under the English law principle of joint enterprise, as the burglary had been committed in mutual understanding and bringing deadly weapons.
The outcome of the trial, and Home Secretary David Maxwell Fyfe's failure to grant clemency to Bentley, were highly controversial.
Derek Bentley entered Norbury Manor Secondary Modern School in 1944, after failing the eleven-plus examination.
His parents reported that in a childhood accident he had broken his nose and since then he had three seizure fits, including one in which they said he nearly died of choking.
In May 1952, Bentley was taken on by the Croydon Corporation as a dustbin man; one month later, in June 1952 he was demoted to street sweeping for unsatisfactory performance.
[5] On the night of Sunday, 2 November 1952,[6] Bentley and a 16-year-old companion, Christopher Craig, broke into the warehouse of the Barlow & Parker confectionery company at 27–29 Tamworth Road, Croydon.
Craig armed himself with a Colt New Service .455 Webley calibre revolver, the barrel of which he had shortened so that it could be carried easily in his pocket.
[7] At around 9:15 pm, neighbours called police after spotting Craig and Bentley climbing over the gate and up a drainpipe to the roof of the warehouse.
What happened then is uncertain: police witnesses later claimed that Fairfax ordered Craig to "Hand over the gun, lad" and Bentley shouted, "Let him have it, Chris".
After exhausting his ammunition and being cornered, Craig jumped 30 feet (10 metres) from the roof onto a greenhouse, fracturing his spine and left wrist, and had to remain in hospital.
The doctrine of felony murder or "constructive malice" meant that a charge of manslaughter was not an option, as the "malicious intent" of the armed robbery was transferred to the shooting.
The Children and Young Persons Act 1933 prevented execution of those under 18; consequently, of the two defendants, despite Craig having fired the fatal shot, only Bentley faced the death penalty if convicted.
Craig had used bullets of different undersized calibres, and the sawn-off barrel made it inaccurate to a degree of six feet at the range from which he fired.
However, Matheson was of the opinion that whilst agreeing that Bentley was of low intelligence, he did not have epilepsy at the time of the alleged offence and he was not a "feeble-minded person" under the Mental Deficiency Acts.
Maxwell Fyfe then stresses that a reprieve would mean the Home Secretary is "intervening in the due process of the law".
At 9 am on 28 January 1953, Bentley was hanged at Wandsworth Prison, London, by Albert Pierrepoint, with Harry Allen assisting.
[13] In his 1971 book To Encourage the Others (the title is an acknowledged allusion to Voltaire's Candide), David Yallop documented Bentley's psychiatric problems, as well as what he believed were inconsistencies in the police and forensic evidence and the conduct of the trial.
In his book The Scientific Investigation of Crime, the prosecution's ballistics expert Lewis Nickolls stated that he recovered four bullets from the roof, two of .45, one of .41 and one of .32 calibre.
After the subsequent broadcast of the BBC Play for Today adaptation of To Encourage the Others, directed by Alan Clarke and starring Charles Bolton, Haler sought to deny that he had given any specific estimate of the size of the bullet that killed Miles beyond being "of large calibre".
As the Court of Appeal found, 'Once the appellant [Bentley] had been taken down, D.C. Fairfax returned with a firearm, with which he had been issued, and went back up to the roof.
Craig's revolver was by now empty and he jumped or dived off the roof, suffering a fractured spine, breast bone and left forearm.
'[14] Following the execution there was a public sense of unease about the decision, resulting in a long campaign to secure a posthumous pardon.
[15] Her daughter, Maria Bentley-Dingwall, who was born 10 years after Derek Bentley's execution, continued the campaign after her mother's death.
[16] Christopher Craig, by then aged 62 (born May 1936), issued a statement welcoming the pardon for Bentley, stating that "his innocence has now been proved".
In the 2013 novel The Late Scholar by Jill Paton Walsh, the character Peter Wimsey notes that the Bentley case has reduced the support for capital punishment.