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.

Edward Smyth

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.

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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Politics

25 September 2024

5 min read

Exploring Labour’s parameters of hope

At the party’s conference, meeting mayors and old friends rekindle a restless hope.

David Barclay

David is a partner with the Good Faith Partnership, collaborating on solutions to social problems.

A group of four people stand in front of an even banner, smiling

Labour mayors smiling, despite the weather.

@UKHospKate.

If weather can set the tone for events then the meteorological omens for the Labour Party Conference this year were hardly promising. By the time I’d made it to Liverpool Dockside from the train station I was already soaked and cold, and wondering if anything our new Government was going to say would cut through the gloom and kindle some much-needed hope and optimism.

The downbeat mood of bedraggled conference-goers searching for umbrellas felt like a pretty fair reflection of the wider public as a whole. A recent piece of research found that ‘broken’ was the most common word used to describe the state of the country, and if Keir Starmer had a honeymoon period as Prime Minister it has clearly already long passed. We have become used to politics as a force of chaos and division, and as the events of this summer revealed all too starkly, this state of our public life has left our communities highly vulnerable to the forces of hate and violence that lie closer to the surface than most of us like to admit to ourselves.

Yet my experience over 48 hours in Liverpool did give me cause for optimism, even if that came from some slightly unexpected places.

Mayors are uniquely unburdened by the departmental silos of Westminster and Whitehall, as well as having a direct mandate from the people and communities they are serving.

One of those was the energy of new MPs. Amongst the large intake of Labour MPs there are some seriously impressive people with a vitality and creativity that has been sorely missing from British politics in recent years. I got the chance to speak to Josh MacAlister, the new MP for Whitehaven and Workington, who is a case in point. Josh set up Frontline, a graduate social worker training programme modelled on Teach First which has had huge success in boosting recruitment into a vital part of our public life. He was then asked by the last Government to lead a landmark review into Children’s Social Care, which is without doubt one of the most broken aspects of British politics with private companies making obscene profits from providing terrible care to vulnerable children, leaving a trail of human misery and financial ruin for local Government in its wake. Now he is looking to put the review’s recommendations into practice with a Government that seems far more likely to spark radical change in this area than it’s predecessor. As a foster carer myself who has seen the human cost of the current system up close and personal, meeting Josh gave me real hope that we can do better for the most vulnerable children in our country.

The other politicians who seemed very much in the limelight in Liverpool were Mayors, who now cover more and more of our English cities and regions and are taking an increasingly significant role in our public conversations. I’ve had the opportunity to work closely with the former Mayor of Bristol Marvin Rees, and saw first-hand the incredible impact that place-based political leaders can create by convening different leaders and organisations from across the public sector, business and charities around common goals.

Mayors are uniquely unburdened by the departmental silos of Westminster and Whitehall, as well as having a direct mandate from the people and communities they are serving. So seeing increasing amounts of resource and powers flow to Mayors is undoubtedly another cause for hope.

One of my areas of passion is refugee and asylum inclusion, and I was part of several conversations over the Conference on how Mayors and other regional actors could play a bigger role in this policy area. As Marvin Rees used to say as Mayor of Bristol, city leaders see the issue of migration and human mobility in a fundamentally different way to national leaders, because nation-states are defined by borders and therefore constantly obsessed with controlling them, whereas cities by definition exist due to the movement of people, good and ideas, and are therefore much more interested in how policy can lead to greater welcome and connection in order to harness the strengths of having a diverse population. It is this kind of mindset and perspective shift that having stronger Mayors could bring into British politics, and to me at least it feels like a breath of fresh air.

History teaches us that really significant change happens rarely from the top down but rather through constellations of leaders and organisations with similar worldviews but distinct resources and perspectives.

My final source of optimism for change came not for politicians at all but from the friends and colleagues I was able to catch up with or bump into. Having been around the world of politics for nearly two decades, things like Party Conferences are a lovely opportunity to touch base with people I might not otherwise get to see.

Over lunch with an old friend from the Bristol Mayor’s Office, we were reflecting on how being part of a wider political movement can create opportunities for collaboration and mutual support over the years and in different professional and personal contexts. As someone whose ancestors were actively involved in the Abolition Movement and the Clapham Sect, I often find myself thinking about the social dynamics of change and how movements and coalitions grow and evolve. History teaches us that really significant change happens rarely from the top down but rather through constellations of leaders and organisations with similar worldviews but distinct resources and perspectives. At a time when it often feels like party politics lacks the imagination and courage to really answer the demands of the time, I find real hope in this idea that we can all organise ourselves and our institutions for change, and we all have a responsibility to build a stronger web of relationships to make that happen.

So, if like me you are longing for some positive change in this country, I think the Labour Party Conference did have some real signs of hope. But it’s not a passive hope that somehow having ‘the grownups in charge’ will by itself guarantee real progress. Instead, it’s a restless, active hope that says nothing will happen without us making it happen, and particularly joining the dots between people of goodwill to build something better than our status quo.