AC3.2
ADD BRIEF – may replace one of these
Miscarriage of justice – Derek Bentley
A conviction is called a miscarriage of justice if a defendant’s innocence is later proven; this is usually
due to new evidence.
Derek Bentley (19) and his friend Christopher Craig (16) were attempting an armed robbery when
the police were called. The policeman who arrived at the scene detained Bentley, but Craig started
shooting. Back-up arrived and more shooting began, the police officers shooting at Craig and him
shooting back, leading to one officer being shot in the head and dying. Later, both Craig and Bentley
were charged with murder, despite Bentley never carrying, or firing, a gun. Craig was given 10 years
in prison, as he was under 18. However, Bentley, who allegedly had a mental age of 11, was
sentenced to be hanged. His sentence was carried out on the 28 th of January 1953, after an appeal he
made was denied. In 1998 his conviction was ruled ‘unsafe’, and it was overturned.
In this case there was strong evidence showing that Derek and Christopher had intent to commit an
armed robbery as they were caught at a warehouse - Derek with a knife and knuckle duster and
Christopher with a knife and gun. This strongly suggests they were in the process of committing a
crime. There was also some controversy over whether Derek was under arrest at the time of the
shooting as this would have provided a defence. This is because the officer had detained him but
hadn’t formally told him he was under arrest. During the crime, police claimed that Derek said: ‘let
him have it, Chris’, which was used against Derek at trial. However, there is no evidence that this
was said and, even if it was, this could have multiple meanings, making it unreliable as evidence.
Strong evidence in Derek’s favour is that he never shot or even touched a gun during the event. A
psychiatrist also gave evidence that Derek was illiterate and had low intelligence.
This case can be considered as a miscarriage of justice as the only evidence against Derek was
showing he had taken part in an attempted armed robbery. There was no evidence of him
contributing to the shooting as he never actually held the gun. Some people argue that he was
implicated due to the ‘joint enterprise’ law, but it could also be argued that Derek had no intention
of harming anyone and did not resist arrest. If the crime took place today, diminished responsibility
could also be argued due to his low mental age. Overall, the evidence suggests that the conviction
and hanging of Derek Bentley was a miscarriage of justice as it shows he held little culpability for the
crime. It can be argued that the sentence itself was also miscarriage of justice, even if his conviction
was fair, seeing as his friend who started the shooting got only 10 years imprisonment.
One of the obvious negative consequences of this miscarriage of justice is that Derek Bentley lost his
life. This will have not only affected him, but also his family and others who knew him. Another
consequence, which could be seen as positive or negative, is that this case contributed to the
abolition of the death penalty.
Just verdicts – Shauna Hoare
A verdict is labelled ‘just’ if it is considered to be appropriate for the offence. However, an appeal is
still possible.
ADD BRIEF – may replace one of these
Miscarriage of justice – Derek Bentley
A conviction is called a miscarriage of justice if a defendant’s innocence is later proven; this is usually
due to new evidence.
Derek Bentley (19) and his friend Christopher Craig (16) were attempting an armed robbery when
the police were called. The policeman who arrived at the scene detained Bentley, but Craig started
shooting. Back-up arrived and more shooting began, the police officers shooting at Craig and him
shooting back, leading to one officer being shot in the head and dying. Later, both Craig and Bentley
were charged with murder, despite Bentley never carrying, or firing, a gun. Craig was given 10 years
in prison, as he was under 18. However, Bentley, who allegedly had a mental age of 11, was
sentenced to be hanged. His sentence was carried out on the 28 th of January 1953, after an appeal he
made was denied. In 1998 his conviction was ruled ‘unsafe’, and it was overturned.
In this case there was strong evidence showing that Derek and Christopher had intent to commit an
armed robbery as they were caught at a warehouse - Derek with a knife and knuckle duster and
Christopher with a knife and gun. This strongly suggests they were in the process of committing a
crime. There was also some controversy over whether Derek was under arrest at the time of the
shooting as this would have provided a defence. This is because the officer had detained him but
hadn’t formally told him he was under arrest. During the crime, police claimed that Derek said: ‘let
him have it, Chris’, which was used against Derek at trial. However, there is no evidence that this
was said and, even if it was, this could have multiple meanings, making it unreliable as evidence.
Strong evidence in Derek’s favour is that he never shot or even touched a gun during the event. A
psychiatrist also gave evidence that Derek was illiterate and had low intelligence.
This case can be considered as a miscarriage of justice as the only evidence against Derek was
showing he had taken part in an attempted armed robbery. There was no evidence of him
contributing to the shooting as he never actually held the gun. Some people argue that he was
implicated due to the ‘joint enterprise’ law, but it could also be argued that Derek had no intention
of harming anyone and did not resist arrest. If the crime took place today, diminished responsibility
could also be argued due to his low mental age. Overall, the evidence suggests that the conviction
and hanging of Derek Bentley was a miscarriage of justice as it shows he held little culpability for the
crime. It can be argued that the sentence itself was also miscarriage of justice, even if his conviction
was fair, seeing as his friend who started the shooting got only 10 years imprisonment.
One of the obvious negative consequences of this miscarriage of justice is that Derek Bentley lost his
life. This will have not only affected him, but also his family and others who knew him. Another
consequence, which could be seen as positive or negative, is that this case contributed to the
abolition of the death penalty.
Just verdicts – Shauna Hoare
A verdict is labelled ‘just’ if it is considered to be appropriate for the offence. However, an appeal is
still possible.
