In December
1952 Goddard presided over the trial of Christopher Craig and
Derek Bentley, accused of the murder of PC Sidney Miles at a
Croydon warehouse. 16-year-old Craig had apparently shot Miles while resisting arrest on the roof of a factory he was attempting to rob; Bentley, who was 19 but of limited intelligence, had gone along with him and was accused of urging Craig to shoot, having called out to him "let him have it, Chris". Lord Goddard directed the jury at the trial that, in law, Bentley was as guilty of firing the shot as Craig, and this in the face of contradictory evidence as to whether Bentley was aware that Craig was carrying a gun and ballistics evidence doubting whether Craig could have hit PC Miles. Goddard made no reference to Bentley's mental state.
After 75 minutes of deliberations, the jury returned a guilty verdict in respect of both defendants. However, whilst Craig was too young for a death sentence, that was not the case with Bentley despite his questionable guilt. Nevertheless, the jury had exceptionally returned a plea of
mercy in favour of Bentley along with the guilty verdict, the matter therefore passed to the
Home Secretary, David Maxwell Fyfe to decide whether clemency should be granted. After reading Home Office psychiatric reports and rejecting a petition signed by 200 MPs, he rejected the request and Bentley was hanged by
Albert Pierrepoint on
28 January 1953.
On
30 July 1998 the Court of Appeal granted a posthumous acquittal on the basis of Goddard's misdirection to the jury which, according to
Lord Bingham, "must [...] have driven the jury to conclude that they had little choice but to convict." He added that the summing-up of the case was "such as to deny the appellant [Bentley] the fair trial which is the birthright of every British citizen". Lord Bingham also, however, acknowledged that Goddard was "one of the outstanding criminal judges of the century", whilst underlining the change in social standards between 1953 and 1998.
Goddard died shortly before the controversy over the hanging of Derek Bentley blew up but in the final interview he ever gave in August 1970, Goddard said he had thought that Maxwell Fyfe was going to reprieve Bentley. Whilst still maintaining strong pro-capital punishment views, he claimed that "Yes. I thought that Bentley was going to be reprieved. He certainly should have been. There's no doubt in my mind whatsoever that Bentley should have been reprieved".Goddard also stated in the same interview that "I was never consulted over it. In fact he (Maxwell Fyfe) never consulted anyone. The blame for Bentley's execution rests solely with Fyfe".
This view is disputed by John Parris in his book "Scapegoat" (Duckworth)
1991. Parris was Craig's barrister. He claims that Goddard passed on the recommendation of the jury for mercy with a recommendation that it be ignored and Bentley should be hanged.