Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Review
Art
Community
Culture
5 min read

Ceremony's superpower is on show at Berwick Parade

Reinventing historic touchpoints between faith and community.

Susan is a writer specialising in visual arts and contributes to Art Quarterly, The Tablet, Church Times and Discover Britain.

A projected image of a person dressed as a mermaid being pushed on a trolley falls on the wall and windows of an old barracks.
The Maltings (Berwick) Trust, Jennifer Charlton Photography.

Watch the parade

Ceremony is beating a retreat. Although wheeled out for major life events: naming newborns, marriage and bidding last goodbyes, and for grand state and civic occasions, standing on ceremony is frowned upon in day-to-day life. Ritual is treated warily, in case it creates an ‘us and them’ chasm between participants, seen as elite, and spectators, presumed to be condemned to disempowering passivity. 

But what if, far from alienating people, the power of ritual, ceremony and spectacle could be a force for engagement? The church and military both have a history of creating, reinventing and refreshing rituals to meet changing social needs. The army chaplaincy is an invention of the late eighteeneeth century, responding to the move towards more settled communities of soldiers, requiring spiritual support. Drumhead altars, a centrepiece of November’s Festival of Remembrance, have origins going back into the mists of time, but quite how far back it is hard to say with certainty.  

Processions and festivities for holy days are more apparent in Catholic countries, with Seville’s Semana Santa parades springing to mind, but well -dressing, May Queens, harvest festivals and Remembrance Sunday reveal a continued desire for entwining of church and community rituals, across faith traditions. 

Art’s ability to step into the ceremonial space and create moments of communion, as well as giving voice to underrepresented groups, has been evident since Surrealism. British Surrealist Eileen Agar’s crustacean strewn ‘Ceremonial Hat for Eating Bouillabaisse’, 1936, attracted collective gasps when she wore it in London. In Sao Paolo in 1931, Brazilian modernist Flavio de Carvalho had to be rescued by police when he walked, hatless, in the opposite direction of a Corpus Christi procession, and the crowd wanted to beat him up. 

Artists can also create spectacles of togetherness and joy. 

Berwick Barracks is a challenging site for community arts. The massive walls and monumental stone-grey interior of Britian’s first purpose-built barracks is reminiscent of eighteenth century experiments in prison design. Even the windows on the living quarters, confirming it is not a prison, are tiny-paned and meanly spaced, like an afterthought dotted reluctantly on the overbearing grey expanse. 

But over the weekend of Berwick Parade, the barracks’ forbidding walls turned into a living portrait of the border town. Under a piercingly brilliant starlit sky – it was the night of the six planet alignment – an audience gathered in the middle of the parade ground to watch themselves, neighbours, friends and family members move across the barrack walls. Artist Matthew Rossier’s projection at X10 magnification transformed the townspeople into giants, and the forbidding military structure of Berwick Barracks into a canvas for joy and creativity. 

Berwick Parade shows you can draw community from a stone, forbidding, large grey stones at that. Paraders and audience were dazzled and dignified, seeing themselves anew. 

The dancing, riding and processing images were soundscaped by music from the repertoire of the Kings Own Scottish Borderers, who have their ceremonial base, and museum, at the barracks, accompanied by the Melrose and District Pipes and Drums. Positioned by the main gate, the musicians set the expectation of spectacle with the rousing music associated with marching bands, as Scotland the Brave gave way to Mairi’s Wedding, and then a medley of upbeat, om-papa outdoors tunes.  

Over 30 minutes, topped by veterans of the Kings Own Scottish Borderers and tailed by hi -vis vest wearing Berwick Parade production staff carrying metal barriers, a parade including processing clergy and the Bishop of Berwick, conga-ing medics in scrubs from Berwick Hospital, brownies, boys’ and girls' football teams, civic leaders in mayoral regalia, Morris, Highland and flamenco dancers, and midlife wild swimmers, shimmied across the walls. Berwick Riders Association were filmed on small ponies, so the magnified projection would not crop the riders into headless torsos. A wheelchair user crossed the expanse of barracks wall wearing a mermaid’s tail. Everybody involved was simultaneously true to life and larger than life. 

Consisting of 850 characters, some of Berwick’s residents played more than one role. “Ooh there’s Cheryl again” commented a spectator next to me, as another pageant of figures travelled across barracks’ perimeter. 

Speaking to Rossier the following morning, he revealed Parade participants had been filmed in the barracks, travelling across a10 metre stage. Magnification made these sequences large enough to cover one wall of the rectangular parade ground. Editing and projection created the appearance of participants entering at one corner and disappearing around the next.  

Movement filmed across short distances opened up participation in the Parade to people with mobility and health issues, in a way that physically journeying around the whole parade ground, repeated over three nights, never could. 

Filmed over six bitterly cold days, choreographer Chloe Sayers had to keep participants’ spirits and energy up as they devised ways of travelling across 10 metres that represented their personality, role and creativity. Sayers specialises with creating events with the public rather than professional dancers, and says that enabling people to express themselves through movement in spaces not always thought of as welcoming, breaks down barriers and creates a sense of ownership. 

Some of the funniest moments in Berwick Parade were rare breeds sheep hogging the limelight like divas, and children clowning around with policemen’s helmets and clipboards. Rossier says primary school years are a sweet spot for performance. ”I love the energy kids bring. We had all age groups, but the six- to 10-year-olds bring so much energy. They just bounce. They have no inhibitions but are good at following instructions. At 12 or 13 heads start to drop and they become more self-aware.” 

Rossier drew on his Irish Catholic mother’s tradition of ceremony and celebration with food and drinking, whether for a wedding or a funeral, to make Berwick Parade a fun place to hang out - food stalls included - beyond the performance. “I want people to have a nice time and not be subservient to the thing they have come to watch.” 

Berwick Parade shows you can draw community from a stone, forbidding, large grey stones at that. Paraders and audience were dazzled and dignified, seeing themselves anew. 

At King Charles’ coronation, the church’s ceremonial superpower was on display to the world. And as artists demonstrate, ceremony does not have to be confined to great occasions. Churches in all traditions can draw on their legacy of historic touchpoints between faith and community, to reinvent, reinstate and refresh rituals to engage with people’s contemporary concerns and hope. 

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