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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Article
Culture
Generosity
Virtues
6 min read

We need to rescue volunteering

Our use of the word now reflects unwanted obligations, rather than a deep desire to serve.

Juila is a writer and social justice advocate. 

Two small lifeboats raft together on a river rescue.
Lifeboats on the River Thames.
x.com/rnli_teddington

It’s a hot summer evening and there are 30 of us sweating in our dry suits. Tuesdays usually mean lifeboat training, but this night is a little different. An intermission from the usual intensity of a team-building exercise: racing two lifeboats across the river Thames. Allocated into teams of two rowing in a knockout tournament, we are going to be here for a while. Our cheers provide the soundtrack for the BBC radio crew recording a programme on volunteering. The mood is convivial; the competition is fierce. None of us have to be here; all of us choose to be. We are a lifeboat crew, and we are all volunteers.  

Around 25 million people in the UK do some form of volunteering. And they are celebrated during Volunteers’ Week, which has been running for 41 years. The benefits are well documented these days. The mental and physical health boost. A sense of purpose. The chance to learn new skills. A route to forging connections with other people. 

Despite this, though, the number of people volunteering has been on a twenty-year decline. One in three organisations are struggling to retain volunteers, in part due to the cost-of-living crisis making people’s time and capacity more precious than ever.  

Beyond that, our use of the word seems to have shifted to reflect unwanted obligations, rather than a deeply held desire to serve. ‘I suppose I better volunteer to put out the chairs’ we might pronounce with the deathly weight of Katniss Everdeen’s ‘I volunteer as tribute,’ glancing to the left and the right in case anyone saves us from the undesirable task. It seems the very idea of volunteering needs rescue.  

It wasn’t on my radar to be lifeboat crew, but an unexpected new job in an unfamiliar London suburb unlocked this possibility. When I considered ‘Why wouldn’t I?’, I couldn’t find a strong reason. So, one autumn evening I trekked down for my first Tuesday night at Teddington lifeboat station. It was time to fill in the paperwork: I was officially a volunteer. 

Over the months that followed, I found myself wondering why other people gave their time, energy and skills to complete the nearly 50 training modules and to be available 24/7 when someone on the water was in need. I hungered for people’s stories, to know why they kept answering the call when their beds were warm and the night was unknown. So, over the four years that I was on the crew, I asked them. I spoke with teachers and students, company directors and full-time parents. I heard stories of multiple generations on a crew, their family’s blood running orange and blue. One woman spoke of overcoming her fear of heights to scale the side of a boat; another had an unexpected tale of a dolphin attack. Each time, I had the same question: why do you do it? 

And I was struck by the fact that none of them gave an answer that fully added up. They could name parts of it: care for people, teamwork, a love of the sea. Sometimes of the reasons they started (‘Dad did it’) were not why they stayed on (‘I could make a palpable difference’). I didn’t meet anyone who didn’t enjoy being on the water. Play and peril can co-exist – and we need to have moments of joy along the way if we’re going to be in it for the long haul. But in each case, the answers always seemed to come up a little short. If I was looking for something neat and complete, I wasn’t finding it.  

This is, perhaps, the difference between volunteering and having a hobby. At some point, volunteering will cost you something. 

Back on the river, the knockout races are suddenly interrupted. A call from the coastguard: there’s a person in difficulty in the river. The mood switch is instantaneous; the action swings from contesting to collaborating to get a boat headed upstream as fast as possible. Somewhere, someone is having a very bad day. This is what we exist for.  

The RNLI was born out of a need. In the early nineteenth century, nearly 2,000 ships – and their crews – were being wrecked on British and Irish coasts every year. Sir William Hillary saw this loss firsthand from his home on the Isle of Man, joining with others to rescue as many as possible – but it wasn’t enough. People continued to perish. So, he rallied other activists and philanthropists, and in a London pub, the charity now called the Royal National Lifeboat Institution was formed. Hillary’s motto, 'with courage, nothing is impossible’, can still be found adorning lifeboat stations around the country. 

None of the lifeboat crew members that I met seemed to think of themselves as anything but ordinary. They were full of admiration in the stories of fellow crew mates, but saw themselves as entirely human, naming everyday needs and familiar comforts. Writing about courage, Andrew Davison recognised that, 

 ‘The willingness of a courageous person to forgo ease, safety, the comforts of home, and even to risk life and limb, does not spring from hatred of any of those things’.  

This is, perhaps, the difference between volunteering and having a hobby (also commendable for its health benefits, sense of purpose, opportunities for connection). At some point, volunteering will cost you something. That sacrifice is needed demonstrates the level of care; otherwise, it’s simply another act of self-actualisation in the service of the volunteer themselves. 

It’s dark on the river and the boat crew is still out. The BBC’s team has packed up for the evening. We have tidied the station, no evidence of the antics of hours earlier. We depart. Close to midnight, those of us who can, return. We bring the boat in from the water, and make it ready for the next call, which will inevitably come. One less job for those who’ve been on duty all evening. It’s the least we can do.  

In the origins of the term is a spirit of offering. The Latin voluntaries carries a sense of ‘to give of one’s free will’. This, perhaps, is where we’ve lost our way with the whole idea. For there to be a sense of duress in volunteering is to strip the generous act of its power. Where there is obligation on one side and self-interest on the other, we can find the middle ground marked by devotion, by having chosen to serve and therefore having the commitment to see it through. This is the invitation that volunteering can offer us, and that I glimpsed from people who had been volunteering on the lifeboats for decades.   

Writing to the sea-faring city of Ephesus in ancient Greece, the church leader Paul encouraged people to ‘submit to one another’, which is another way of saying sacrificially help each other. In smaller coastal communities, a lifeboat crew might be called out to save a family member. In London, a city of millions, it will always be a stranger. But either way the decision was the same: to show up. The reasons why we do it don’t always add up. There are flavours of compassion, of wanting to be useful, to be part of something bigger. But there seems to be something else as well. A dedication to meeting a need. Put another way, we might call it love. 

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Since Spring 2023, our readers have enjoyed over 1,000 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?

Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

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