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
Community
Culture
Sustainability
Wildness
5 min read

Hedgerows are boundaries, but they don’t divide so much as abound

The lines we draw between land and lane connect us.

Elizabeth Wainwright is a writer, coach and walking guide. She's a former district councillor and has a background in international development.

A Devon lane lined by hedges.
Down in Devon.
Craig Cameron on Unsplash.

In May and June, the Devon hedgerows that hold the landscape outside my window are at their fullest, most colourful state of being. Walking the narrow lane that runs away from our house means walking between high hedgerows that rise like soft green walls either side, which really, means walking between ancient living things, because these hedgerows are old. Devon has some of the oldest hedgerows in the country, and so the world – older than the Parish churches whose towers I can see to the south, east, and west, which rise like old-growth trees out of a blanket of green fields.  

Early Bronze Age farmers had to clear woodland to make their fields, and sometimes they left strips of woodland to mark boundaries. These are our oldest hedgerows. They are often found on parish boundary lines, and can support over 2,000 species, also acting as important wildlife corridors for many of them. To roughly date a hedgerow, you count the number of species in a 30m stretch – one species equals 100 years. I have taken to counting random 30m stretches of the hedges that line the lanes near us, and have concluded that we are surrounded by hundreds, in places thousands of years of history – of braided hawthorn and blackthorn, hazel and oak, pink campion and bluebell whose bulbs hide in ancient earth banks that many of the hedgerows sit on.  

Now, in these spring hedges, hawthorn is in blossom, nettles overflow with prickly exuberance, and somewhere deep in the tangle a blackbird tunes its song. The hedges are thick with memory stitched together from centuries of hand-laying, stock-keeping, quiet watching. They are Devon’s old boundaries, but they do not divide so much as abound. Life spills from them: wrens and mice, vetch and violet, and so many more things unseen. These are not just boundaries that mark where other things like fields and roads begin and end then; they are living spaces in their own right. They are pathways for diverse life, they are structures that hold home and shelter, food and safety, they are corridors that contain history and story. They are not just edges, they are the centres of whole lives and worlds.  

Walking here one May morning, I find myself wondering about the lines we draw – between land and lane, but also between ‘us’ and ‘them’ – and whether these lines too might be porous like the hedgerows, which have lived for so long not through independence but through care and relationship.  

The hedges speak paradoxes that I am confronted with every time I go for a walk – of division and abundance, of separateness and connection, of containment and invitation. Lately, I am sitting with these and am coming to understand a threshold that the world offers me: between independence and interdependence. But the truth is I’m not very good at interdependence. I have so often retreated behind the wall of my self-sufficiency, but I am trying to pull that wall down and replace it with a porous and lifegiving hedgerow.  

We draw lines – around ourselves, and between people, nations, beliefs, social classes, politics. Sometimes these lines are for safety, sometimes for exclusion. But the hedgerows tell me that it is possible to hold a line and also to let light and life flow through it and shape it. They tell me that these lines are not end points but invitations to communion.  

In The Left Hand of Darkness, Ursula Le Guin wrote:  

“…I know people, I know towns, farms, hills and rivers and rocks, I know how the sun at sunset in autumn falls on the side of a certain plowland in the hills; but what is the sense of giving a boundary to all that, of giving it a name and ceasing to love where the name ceases to apply? What is love of one's country; is it hate of one's uncountry?”  

Le Guin’s work of science fiction is about otherness and connectedness, with different species having to learn empathy in order to collaborate and communicate. The darker the events in the book, the brighter the hope and relationship. The book feels like it was written for now, for this world.  

On my hedge-edged walks I am in the presence of lives so unlike mine – plants, creatures, the people who have tended and cared for these hedges through generations.

In a world whose people are persecuted, othered, tired, it is easy to believe that the way of things is division and separation. But hedgerows suggest another way to live: layered, porous, complex and interconnected, creating space not just for encounter but for new life through that encounter. This is how I picture the Kingdom that Jesus speaks about and so often found solace in: a world of intermingling and ever-growing aliveness. I think Jesus would have walked with the hedgerows had he lived in Devon. I think he would have used them to speak of boundary-crossing between heaven and Earth, clean and unclean, Jew and Gentile. I think he would have pointed to them and said, see the tangled beauty of these? They are what the Kingdom is like: held and open, living and lifegiving. This is what I want our future to be too.  

As I walk these old lanes, I am deepening into my hedgerow apprenticeship. I am learning to sink my roots in, to tend boundaries with care, to make space for life. I am also finding that there is nothing in the hedgerows that speaks of self-sufficiency. These ancient, interwoven green features that have defined this landscape are here because of relationships between species. It is easy to talk about the interconnectedness of everything, it is another thing to try to live it – to live like gifts, reciprocity, community, are things that might take the weight of our time. These old hedgerows give me a foothold though – they enliven the overused but hard-to-live idea of interconnection, they show me what it looks like and that it is an approach to life that is patient, strong, sustaining, real.  

When I reach out my hand I can usually find something edible or beautiful in the hedgerow depending on the time of year: blackberry, hazel, oxeye daisy, pennywort, primrose. Yesterday, it was the cow parsley that really caught my attention: its frothing, foaming flourishing. In a few weeks it will give way to what comes next, just as it has always done, just as this world will always do. On my hedge-edged walks I am in the presence of lives so unlike mine – plants, creatures, the people who have tended and cared for these hedges through generations. I am also in the presence of relationship, and of hope.  

Now, with so many crises bearing down on the world, and with anxiety and despair blooming, it is the hedges that remind me of other, older, wiser ways to be. It is the hedges that show me how to root deep into solid ground, and how to reach out to others, and to light, which are so often the same thing. 

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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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