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
Art
Culture
Trauma
War & peace
5 min read

Forgotten soldiers and new narratives are shaping how we mark our wars

Writing our history of conflict is as much a war of images as of words.

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

An actor reads a speech at a commemoration
Timothy Spall recites Churchill.
Sky News.

Heading into an intense summer of World War Two remembrance, with May’s commemoration of the 80th anniversary of VE Day followed by marking the end of war in the Far East in August, it is remarkable how well the essentially Edwardian model of honouring the war dead has stood the test of time. 

In The Edwardians Age of Elegance exhibition, at the King Gallery’s, a room is devoted to the passing of the extravagant turn-of-the-century era into the sombre age of war memorialisation, following World War One. George V commissioned traditional English artist Frank O Sullivan to paint the inaugural service for the Unknown Warrior in Westminster Abbey. The long canvas, with a domed frame at the centre to accommodate Edwin Lutyens’ freshly unveiled, lofty Cenotaph, captures the solitary King walking behind a flag draped coffin, mounted on a gun garage, as the parade passes the war memorial. Initially a temporary wood and plaster structure, Lutyens’ Portland stone monument commemorated over a million soldiers lost in the Great War, some buried near the battlefields near where they fell, and nameless others whose remains had been obliterated by mechanised warfare. 

Attended by widows, ex-servicemen and armed forces personnel, the 1920 Armistice Day ceremony marked a shift away from solely glorifying commanders and officers, placing the sacrifice of ordinary combatants centre stage. The monarch symbolised his gratitude to his people, rather the other way around. 

Ceremonial Great War gun carriages featured in the London VE Day parade on 5th May. And the King’s Troop, Royal Horse Artillery provides gun carriages and teams of six black horses for state funerals. Following World War Two, and complete mechanisation of artillery, George VI instituted a troop of horse artillery for ceremonial occasions, enshrining the continuation of practices from a previous era’s warfare. 

Layering memorialisation upon memorialisation was also evident in the 5th May ceremonies when actor Timothy Spall read an extract of Churchill’s Whitehall speech, given to the crowds when European hostilities ended.  

“In the long years to come, not only will the people of this isle, but of the world wherever the bird of freedom chirps in human hearts, will look back on what we have done and they will say do not despair, do not yield to violence and tyranny, march straight forward and if needs be, die unconquered.”  

Narratives around the present and recent past are codified with a focus on forecasting how future generations will view events when looking back.  

While Europe celebrated in early May 1945, the one million troops of the Fourteenth Army continued fighting the Japanese Army through Burma and the Pacific. Dubbed the Forgotten Army and the Forgotten War, their campaigns were underplayed in the Allies’ wartime narrative. Singapore’s fall to Japanese forces in February 1942 was seen as a shameful defeat. Remoteness from London of the Far East campaign, and the vastness of the theatre of war, made it near impossible to report on by radio and print journalists. Letters to and from the Fourteenth Army took months to reach their destinations.  Soldiers and civilians held as prisoners of war by Japanese forces were forbidden to make images or create records of their captivity, making contemporaneous images of their incarceration rare. But drawings of camps and hospitals by Jack Chalker hidden in hollowed out bamboo sticks, acted as preparatory works the artist to later make paintings such as his painting Medical Inspection, Chungkai Hospital Camp 1943, created in 1946, and now held by the Royal Army Museum. 

As traditions of commemorating the war dead evolve, new grey areas come to light, demanding space in the official narrative 

Contrasting the paucity of images of the war in the Far East, with the array of works depicting the Blitz in London - created with  American audiences in mind, in the hope of winning support for the Allied cause - together with photographic images of North African and Middle East operations, it is little wonder the Forgotten War struggles to be remembered. Veterans of the Far East campaign and POWs were far more likely to join ex services organisations such as the British Legion and Burma Star, than those who served in Europe. Marginalised from victory and peacetimes narratives, the Forgotten Army chose to remember together. 

Before Victory over Japan’s 80th anniversary is commemorated on 15 August, with the famous cover photo of an American sailor dramatically embracing a woman in a white dress showing on repeat, the 80 years since the dropping of atomic bomb on Hiroshima and Nagasaki will have to be faced. Mainly civilians died as a result of impact and sickness from the bombing of Hiroshima on 6 August and Nagasaki on 9 August, with estimates of between150,000 -246,000 deaths. Whether the only use of nuclear weapons in warfare was justified, as it prevented loss of life from not having to wage a military campaign to occupy mainland Japan, or the horrific sacrifice of so many civilians was a war crime, remains a morally grey area. 

As traditions of commemorating the war dead evolve, new grey areas come to light, demanding space in the official narrative. Actress Sheila Hancock wrote recently about the trauma and fear of being an evacuee, sent away from her London family as a small child, to an emotionally neglectful home in the ‘safer’ countryside. Forced adoption of children born to lone mothers, and the stigmatising treatment expectant women received at the hands of Christian denomination- ran mother and baby homes, is a wartime and postwar story now demanding to be heard. 

Lesser documented stories of marginalised civilians, and combatants in faraway places take time to emerge, fighting to be heard above familiar images of plucky cockneys in bombed out buildings and amorously celebratory sailors. Shaping a multifaceted history of conflict is as much a war of images as of words. And as families become more transnational, the search for a shared narrative can replace clinging to the right or official story. 

The idea of army chaplain, the Reverend David Railton, to commemorate an Unknown Warrior with honour, still resonates over a century later. Railton’s battlefield altar cloth, known as the Padre’s or Ypres Flag, covered the coffin on its journey from Boulogne to Westminster Abbey. 

Stretching and fraying to include the stories of groups previously overlooked, the Edwardian fabric of military remembrance is proving remarkably strong. 

 

The Edwardians: Age of Elegance, the King’s Gallery, until 23 November.

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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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