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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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4 min read

Grenfell – what should happen now?

Six urgent priorities that should follow the Inquiry

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A tube train runs on a raised track, in the distance is a tower block wrapped in white material with a green heart on it.

I remember standing at the base of Grenfell Tower on the morning of the 14th June 2017, talking with firefighters, gathering clergy to act as emergency volunteers, praying with evacuees from the surrounding blocks, as the building still smouldered. At the time the question on everyone’s lips was: how could something like this happen in sophisticated twenty-first century Britain? 

Now we know. 

In one sense the Public Inquiry into the Grenfell tower fire told us nothing new. Few people who have followed the Inquiry over the last six years will have been surprised by its conclusions. What is new is to see the dreadful catalogue of ‘incompetence dishonesty and greed’ laid out in excoriating detail for all to see. 

So what should happen now? At least six things must be on the agenda: 

  1. Combustible cladding on remaining buildings around the country should be removed as soon as possible. Government estimates suggest there are 4,600 buildings around the country with unsafe cladding. Less than one third of them have had their remediation completed, and work is yet to start on half of them. And, astonishing as it may sound, this is now more than seven years after Grenfell. Cladding that is illegal on new buildings can still remain on existing ones. Developers and owners who are responsible for this state of affairs should be made to pay for the remediation rather than passing those costs on to leaseholders, or delaying remediation for technical and bureaucratic reasons. Institutional resistance to this, as outlined recently by Michael Gove, someone who from my dealing with him on Grenfell, was one of the better politicians to deal with this issue, has to be overcome with urgency. 

  2. Prosecution of those who have been identified in the inquiry as bearing responsibility for the fire should also be brought as soon as possible. The police investigation suggests that it will be a number of years before court cases take place. The victims of this tragedy have already had to wait seven long years and now face the prospect of another three or even more years until justice is served. That is too long.  

  3. Those named and shamed in the report should examine their own hearts. Some remorse and apology has been evident from some, but not enough. Many still deny responsibility despite seven years of evidence-gathering. This is not a matter of revenge, but an indispensable step towards justice for everyone. Those named have presumably carried a burden of guilt over these past years. The Christian doctrine of repentance, confession and absolution tells us that there is a relief in finally admitting culpability, bearing the penalty, and finally, once all this has happened, receiving a measure of absolution.  

We might look back on Grenfell as a turning point in our life together: a fitting memorial for those who tragically died on that terrible night. 

  1. The companies involved often have big pockets and the bereaved and survivors are ordinary people without the resources to pay expensive legal fees. The government should set aside a sum of money to enable victims, if they wish, to bring a civil case against those accused in the report. Arguably this should have happened many years before to speed up the process of justice.  

  2. A wider debate needs to take place in our society as to how we place love for neighbour at the heart of national life. A libertarian individualism which focusses on personal fulfilment and a view of freedom as doing what we like as long as we don’t harm others, rather than freedom to do the good has led us to this point. What would it mean in company law, for example, for each business or institution to have to explain how it is seeking the genuine welfare of its staff, clients and customers, not as an add on in their ESG agenda, but as the primary purpose of the organisation?  

  3. We need a spiritual renewal. Toleration rather than persecution of the neighbour was a good legacy of the Enlightenment, but it is not enough to build a well-functioning society. We are commanded not just to tolerate our neighbours but to love them. And this only be justified if my neighbour has ultimate transcendent value. The new atheism was an act of cultural vandalism, undermining faith in God, an objective basis for each human life, and having nothing to replace it with. As Nick Cave recently put it: “People need meaning. And secular society has not come up with the goods.” This is why religious traditions including Christianity have tended to link love for God to love for neighbour. What that spiritual renewal looks like is hard to tell, and yet we have perhaps seen a stirring of it in recent times.  

If something approaching those six things happened, then we might look back on Grenfell as a turning point in our life together: a fitting memorial for those who tragically died on that terrible night.