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5 min read

Facing up to justice

The crimes and sentencing of baby-murderer Lucy Letby is driving fresh conversations about justice. Edward Smyth examines the confusion and contradictions within them.

A writer and speaker in the field of criminal justice and faith, Edward Smyth is now pursuing doctoral research on the 'through-the-gate' experiences of individuals who have found faith while in prison.

A prisoner looks into the camera.
Lucy Letby's Police file photograph.
Cheshire Constabulary.

‘Christians need to be ready for the inevitable moment when Lucy Letby declares that she’s found Jesus in prison.’  

So read one of many tens of thousands of tweets posted on the day Letby was sentenced to spend the rest of her natural life behind bars. I probably saw several hundred of those tweets that day; yet this one has lingered, niggling away at me whenever my mind is drawn back to a consideration of the appalling facts of a case that surely takes its place amongst the worst ever to have been prosecuted in this country.  

One of the things about the Letby trial which has caused the most consternation has been her refusal to appear in court for some of the verdicts, and for her sentencing hearing. The strength and volume of the response to what is being almost universally termed her ‘cowardice’ has some challenging things to say about what contemporary society means – or thinks it means – when it talks of ‘justice’. And, as I write, the Government’s response has been to force criminals to appear. An interrogation of these responses might just help us all begin to be able to think through where this leaves us, too.  

The sense seems to be that in refusing to enter the dock at Manchester Crown Court for her sentencing, Letby has somehow evaded what we might term her ‘just deserts’; and that her victims and their families – and indeed society – have been cheated out of some of the justice to which they feel entitled. If the act of receiving the sentence is viewed as itself part of the punishment (not an assumption by which I am wholly persuaded, but one which sits at the heart of this argument) then the outrage caused by Letby’s avoidance of her sentencing speaks to a certain weighting of the importance of that one morning in court as against the next forty or even fifty years Letby will spend in prison. What this boils down to, then, is retribution pure and simple. We think offenders should be made to listen to the impact of their offending because we want them to feel all the things that we believe they deserve: guilt, shame and pain. We want this because of some innate, deep-rooted sense of balance and fairness which dictates that an appropriate response to the imposition of pain is, in turn, the imposition of pain.  

Our legal system exists, in part, to ensure that this remains proportionate: the state censures offenders to avoid the inevitable disproportionate vigilante or retaliatory action which would otherwise ensue, exercising what some criminologists refer to as its ‘displacement function’. Prisons, of course, are out of sight and usually out of mind which perhaps explains the importance of the sentencing hearing in cases like this: it is the only opportunity we have to see the convicted person suffer – and we need to see it with our own eyes to make sure that, even if we think ‘prison is too good’ (i.e. insufficiently painful), we have at least seen the convicted person suffer some pain. 

Letby may have avoided being deluged by the waters of justice rolling down upon her ... in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak.

For Christians, though, the elephant in the room is that Letby has been sentenced to a ‘whole life order’. In passing that sentence the state is saying ‘we have no interest in your rehabilitation’; and that is something which should give all pause for thought especially Christians. I do not think there is a ‘correct Christian response’ to this issue, as it happens: personally, I would rather we didn’t have whole life orders, but equally I have no objection to someone spending the rest of their life in prison if that is the only safe course of action. If we were designing a Christian system of criminal justice, then whole life orders would be indefensible on the grounds that we have no right to make impossible redemption; but we’re not designing – or operating under – a Christian system of criminal justice; and redemption in the theological sense is still possible in prison. I struggle – particularly in light of cases like this one – to get too worked up about it.  

But perhaps that’s the point. Perhaps the fact that my own theology opposes whole life orders but, when exposed to the facts of a case like Letby’s, I find it difficult to care very much is exactly the kind of confusion and contradiction of which I spoke at the outset of this article. And in that confusion and contradiction perhaps we find what it is to be a Christian, our instinctive and culturally conditioned human responses coming up against the teaching of the ultimate countercultural being and, so often, overwhelming it in our hearts.  

Those hearts ache for the victims of Lucy Letby and their families. Have they received justice? She will spend the rest of her life in prison: I think they have. Is that justice compromised because she did not appear for her sentencing? I think it is not, on both secular and Christian grounds. Secularly speaking the state has performed its ‘displacement function’ and the punishment is being carried out whether she was there to hear it or not. The victims have – for better or worse – been removed from the conversation, which is why criminal cases are listed as ‘The King v. ...’ rather than ‘[Victims’ names] v … .’ Theologically speaking Letby may have avoided being deluged by the waters of justice rolling down upon her (as Justice is described in the Bible) in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak, and she will be soaked through soon enough. 

The case of Lucy Letby – as with any case of great evil – is a violent challenge.  For the Christian, it is one which can only be met with prayer, thought, and introspection. In short: they must pray their way to their own response. But whilst they are doing that as Christians in an increasingly secular world; a world where the responses that they know their faith obliges them to make are so quickly and easily monstered – I can only hope that they and we find in our Church an institution willing to preach that countercultural, unpopular Gospel.    

'Modern man often anxiously wonders about the solution to the terrible tensions which have built up in the world and which entangle humanity. And if at times he lacks the courage to utter the word “mercy”, or if in his conscience empty of religious content he does not find the equivalent, so much greater is the need for the Church to utter this word, not only in her own name but also in the name of all the men and women of our time.'  
Pope John Paul II 

  

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Character
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Politics
6 min read

Why the Prime Minister should swear this new oath

A proposed new constitutional instrument is a hopeful recognition of the human condition.

Yaroslav is assistant priest at Holy Trinity, Sloane Square, London.

Keir Starmer stands in the House of Commons and recites an oath from a card held up in front of him.
Starmer swears allegiance to King Charles III, September 2022.

Thank the Almighty, the General Election is over! We have a Prime Minister. We have another cadre of MPs, some old hands and many Young Turks, all ready for the excitement of Parliamentary procedural intrigue and (hopefully) hungry to exercise their power for the betterment of their constituents. As a nation, we can all breathe a sigh of relief. We have emerged, blinking, into the sunlight of what I can only hope is five years of a milder political climate. 

What happens next? 

Well, today, every MP, new or old, will swear the Oath of Allegiance to King Charles III. This is not optional. Anyone refusing to do so cannot exercise their rights as an MP and will not receive their salary. Ultimately, the refuseniks can have the reality of their election voided. The wording of the oath excels in comprehensive brevity:  

I swear by Almighty God that I will be faithful and bear true allegiance to His Majesty King Charles, his heirs and successors, according to law. So help me God.  

The Monarch is anointed as the protector of the realm, always seeking what is best for Great Britain, and so to swear an oath to be faithful to the Monarch is to swear to seek the best for their realm. It is all perfectly simple and logical. 

But is it enough? 

It would seem that swearing fealty to the Crown is no longer enough. Now the PM must specifically swear not to lie to the Sovereign and the nation. 

Some would argue not. Our political life has been marked by controversy for as long as I have been old enough to be politically aware. MPs expenses, the coalition Government, the Brexit referendum, parliamentary gridlock, Downing Street lockdown parties…Liz Truss! It’s all been like a circus, except all the animals are dead, the clowns just sit around screaming and crying, and the tent burns down. Trust in our political establishment could hardly be lower. Perhaps in light of this, a couple of constitutional scholars have mooted the idea of an extra oath - one for the Prime Minister. 

Professor Andrew Blick, of King’s College, London, and Baron Hennessy of Nympsfield have written an open letter, on behalf of The Constitution Society, inviting the new Prime Minister to swear an additional oath specifically for their office.

The oath is intended to act as a confidence booster - an extra promise that the most powerful MP in the land will abide by the conventions of our constitution: Cabinet Government, The Ministerial Code, Civil Service Impartiality, etc. In an effort to restrain the darker impulses of the PM, the oath would also mean swearing to uphold the seven Nolan Principles: Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, Leadership. It would seem that swearing fealty to the Crown is no longer enough. Now the PM must specifically swear not to lie to the Sovereign and the nation. 

In a moment of unattractive despair, I can’t help but let out a depressed sigh.

Yet, I also have hope. This new constitutional instrument would, on the surface, be a morose admission of defeat. We can no longer assume honesty in those who wield the most power and influence. Look deeper and you see a fascinating, and hopeful, recognition of the political (and human!) condition.

The very act of swearing an oath is itself a virtue. It is an act that puts one face to face with absolute truth, goodness, and beauty. 

Yet, I also have hope. This new constitutional instrument would, on the surface, be a morose admission of defeat. We can no longer assume honesty in those who wield the most power and influence. Look deeper and you see a fascinating, and hopeful, recognition of the political (and human!) condition. 

I find this new oath fascinating, and rather cheering, in spite of all my previous electoral gloom, because it clearly speaks to the human need for the transcendent and the eternal. So often our politics seems to be mired in the drudgery of the immediate: will the economy grow in the next quarter, will NHS waiting lists diminish by the end of the calendar year, will the crime stats be favourable any time soon. We rarely hear of any ‘vision’ for our country the looks to the horizon - not even the decade, let alone the voyage into the forever. Yet this oath does just that! 

It does so in two ways.  

Firstly, by seeking to enshrine the Nolan principles, it recognises the distinction between ‘values’ and ‘virtues’. Values have the veneer of the absolute but are far too easily jettisoned when necessity dictates. Commitment to a value is good, but is in constant competition with other values: openness battles the need for state-secrecy, honesty’s sword is often broken in the face of obfuscation’s onslaught, etc. The holding of values is a static thing, which can wilt and die in the burning heat of reality. A virtue, on the other hand, is something which must be constantly practiced and nurtured. A virtue always looks to its ideal form - a universal perfection of honesty or selflessness. Swearing an oath to uphold the Nolan Principles means committing to operating by them every day, and so allowing them to grow in the individual, becoming easier and easier to live by until the practitioner of virtue struggles NOT to operate in their eternal light.  

Secondly, the very act of swearing an oath is itself a virtue. It is an act that puts one face to face with absolute truth, goodness, and beauty. The act of making an oath recognises that our lives and deeds are not simply contingent moments in the pitiless march of time, but that they resound in the halls of eternity.  

I think this is why Jesus warns people against swearing oaths in the fifth chapter of the Gospel according to Matthew. When reading this warning in the light of the serious, radical, and even hyperbolic speech that comes before, it is clear that Jesus doesn’t want us to avoid making promises, but that he realises just how bad we are at keeping them. Swearing an oath (invoking eternity, the absolute, the divine!) means that when we break our oaths we diminish ourselves in the face of God.  

“Let your word be ‘Yes, Yes’ or ‘No, No’; anything more than this comes from the evil one.”  

This is not a command to avoid promises and promise keeping, but a radical call to live one’s life always in the light of eternity, so that even the simple ‘yes’ is the truest oath one can make. 

We need leaders - political and otherwise - who can offer the human soul something more than simply an uninspiring roadmap for five years of moderate economic improvement. We need leaders who can inspire the nation with a vision of eternity. We need leaders who point us to that horizon of the absolute where we do not see individual good acts warring against the forces of apathy and indifference, but see the Good itself illuminating our every moment with hope and joy.  

Perhaps an oath - an admission that there is meaning beyond our momentary finitude - is the best way to inject a bit more universality and meaning into a political system that has left this author feeling quite so cold so far. 

I shall pray for our new Prime Minister, and for all our new MPs. I shall hold them before the face of God who is beyond all immediate concerns and pray that they may have the vision of our eternal destiny ever in their minds and in their hearts. I shall earnestly intercede that they recognise that their oaths are not simply a formula of words, but a positive spur to lead us into a future that never ceases to grown brighter and brighter with the light of our eternal destiny.