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Justice
5 min read

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 

  

Article
Comment
Film & TV
Politics
Purpose
4 min read

BBC scandals turn the spotlight on its lost mission

When it's good it's great but when it's bad it’s Babylonian

George is a visiting fellow at the London School of Economics and an Anglican priest.

Tim Davie in a blue suite smiles
Tim Davie, BBC boss.

I’m a great fan of the BBC. Generally speaking, I like and admire its journalists and its output and, occasionally, I take its and the licence-payer’s shilling. 

I may be increasingly unusual in choosing to be woken by Radio 4’s Today, but love it because of, rather than despite of, its presenters’ impertinent and interruptive style with politicians. Its radio drama is seductive. I admit to having assiduously followed The Archers, until (literally) I lost the plot at Covid. Short radio drama series can be compulsive listening, such as Al Smith’s first-class Life Lines, featuring Sarah Ridgeway as an ambulance call handler. 

As for TV, I’m showing my age – The Repair Shop, Antiques Roadshow and Professor Alice Roberts’ archaeology in Digging for Britain. Ancient Top of the Pops repeats accompany Friday evening drinks. 

But back to the journalism. Say what you like, the BBC’s news output is the world’s benchmark. It has consistently hired best-of-breed reporters, particularly on the foreign stage. Whatever politicians of both the left or right claim, depending on their circumstance, it is even-handed in its analysis.  

Newsnight under Victoria Derbyshire is immeasurably improved by its slick, half-hour, after-dinner sofa format. It disassembles the pompous and hypocritical, from Trump apparatchiks to Jeremy Clarkson at a farmers’ demo, his stammering and panicky “classic BBC” attempted dismissal now cheekily deployed in its own advertising. 

But – and you’ll know the “but” was coming – there’s the dark side. There has recently been a litany of managerial let-downs, any of which could have put a more commercial enterprise out of business. Conservative governments have customarily been most prone to traducing the BBC, possibly because they think it should know its place, which is not so much below the salt as serving at their table. 

So it’s quite the new thing for a Labour culture secretary, Lisa Nandy, further to undermine the credibility of its Director-General, Tim Davie, by listing its “catastrophic” failures on his watch. The BBC has just had to apologise (an occurrence now as regular as Gary Lineker’s controversial tweets) for failing to discover, let alone disclose, that the 13-year-old narrator of documentary Gaza: How to survive a Warzone was the son of a Hamas high-up. 

A separate external review has also found that BBC bosses failed adequately to protect staff on MasterChef from presenter Gregg Wallace’s invasive behaviours. And the corporation has had to apologise this month for broadcasting antisemitic chants by the vile act Bob Vylan at Glastonbury. 

It’s not all about Davie’s alleged shortcomings. As the BBC itself might put it, other director-generals are available. George Entwhistle resigned over a Newsnight crackpot report on a child-abuse scandal; Greg Dyke over Lord Hutton’s report into how the BBC reported the David Kelly suicide affair under the Blair government. Then there was the Jonathan Ross and Russell Brand “prank”. Let’s not, please, lift the coffin lid on Jimmy Savile again. And so, one is forced to say, it goes on. 

Is the BBC uniquely wicked and/or mismanaged? No. But it’s huge and visible. I have a theory that it’s a British institution which, like others, is a victim of its imperial past. It was nurtured in a post-Reith period, when being of the BBC was like carrying a British passport (“His/Her Britannic Majesty requests and requires…”). It not only believes in, it was a child of, its own propaganda. The derring-do of its great foreign correspondents was founded on the unquestioned might of empire. 

That leads, inevitably in a post-imperial age, to hubris. It’s like Babylon, the metaphor rather than the great Mesopotamian city. Once indestructible under emperors such as Nebuchadnezzar, sacker of Jerusalem, it was destroyed by its own vulnerabilities. The scriptural allegory from Genesis is that Babylon raised the great tower of Babel to reach the sky and oversee a world that spoke its one, true language. In his wrath at their pride, God scattered its people, now unable to understand each other, for they’d come to form their own languages. 

See how that works? The BBC has come to believe in itself, rather than its mission. And consequently, it has lost the ability to communicate, both internally and externally.  

It’s not alone. The Church of England has the same post-imperial problem. So does any elected government after about a decade. It’s the jobs of Archbishop of Canterbury and Prime Minister, as well as Director-General of the BBC, that can only end in tears. 

They should get together, these people. Work out accountable corporate structures that can work in the 21st century. Create top leadership jobs that are possible to do, rather than appoint emperors who turn out to have no wardrobes. 

The point surely is not that they are humiliated, but that they have to be humbled. They need to demolish their towers, stop babbling at each other and learn to speak a common language again.  

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