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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Education

25 January 2024

4 min read

There’s a blindingly obvious way to teach religious tolerance

George Pitcher disagrees with the media’s approval of a school ban on religious observance.

George Pitcher

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

school pupils sit at desk, some with a hand raised.

Michaela School pupils in class.

The decision by “Britain’s strictest school”, the Michaela Community School in north-west London, to ban religious observance after a Muslim majority among the children started prayer rituals, which led to some bullying and violence (and indeed a lawsuit), has met with almost universal media approval across the political spectrum.

Nick Timothy, a columnist on the Daily Telegraph and a former spin-doctor for Theresa May as prime minister, predictably used it as a dread warning against an Islamic threat under the headline: “Multiculturism is becoming a Trojan horse for Islamist domination.”

In what some might term as the sensible middle-ground of the Sunday Times, Camilla Long weighed in with an attack on Muslim cultural observance and then posed the extraordinarily illiberal question: “Wouldn’t it be better if we banished faith in schools altogether?” On the left, Polly Toynbee in the Guardian agreed, concluding that it’s “time to abolish religious schools.”

This seems to be the kind of old-school management that said that if you can’t play together nicely, there will be no playtime for anyone.

There’s something cultic about the free school Michaela and its headteacher, Katharine Birbalsingh. The right-wing love it for its Gradgrind strict disciplines and consequently high academic results. The left are said to hate it for much the same reasons. And almost universally Ms Birbalsingh is treated as an educational demi-god.

Allow me to demur. The first thing I want to say is something I think is blindingly obvious: You don’t teach children religious tolerance by being religiously intolerant. I don’t usually like to have to coin a truism, but there we are.

The desire to ban is an unfortunate tendency in Birbalsingh. I understand why she might want to ban knives or drugs or porn in her school, as would all schools, but religious observance? This seems to be the kind of old-school management that said that if you can’t play together nicely, there will be no playtime for anyone.

Transposed into the religious context, that becomes: “If you can’t pray together nicely, there will be no prayers.” This grows into an extreme form of secularism, which pretends that there is no religion in the world, when we know that in fact it’s full of religious people. That doesn’t seem to be a good education for our young, if good education is meant to prepare them for the world, which I posit that it does.

I’m with our late Queen Elizabeth on this and, in particular, the profound generosity of her Christian faith.

The next thing I want to say is that it’s incumbent on a decent school to teach that the three Abramic faiths – in order of their emergence, Judaism, Christianity and Islam – are in their authentic forms religions of peace.

Anyone who claims that Islam’s holy book, the Koran, is intrinsically violent clearly hasn’t read the the Bible or the Torah. But, in all three instances, human violence and oppression are met with the redemption of an all-loving God.

It follows that the Michaela can and should ban bullying and intimidation, but not the authentic cultural practices of these religions. It might, naturally, simply be easier to ban the lot and be done with it, but nobody has said that running a school is meant to be easy.

In my own experience as a parish priest, visiting a Church of England primary school (the sort that Toynbee, as a good liberal, would ban) for assemblies, is that tolerance and diversity are best taught naturally by practice.

At prayer time, I was gently reminded by the headteacher that I shouldn’t invite the children to pray with words such as “hands together” as that’s not how all families pray (if they pray at all). Better to say: “Let’s get ready to pray, however we do that.” Tolerance in action.

Finally, off the back of talking about a Christian school in a nominally Christian state, I’d like to conclude with how a Christian school (clearly not Birbalsingh’s) should behave. Clearly, evangelising in a multicultural institution is inappropriate. What we should aspire to is pluralism.

I’m with our late Queen Elizabeth on this and, in particular, the profound generosity of her Christian faith. She delivered a speech at Lambeth Palace to mark her Diamond Jubilee in 2012. She started by saying: “The concept of our established Church is occasionally misunderstood and, I believe, commonly under-appreciated. Its role is not to defend Anglicanism to the exclusion of other religions. Instead, the Church has a duty to protect the free practice of all faiths in this country.”

She went on to say: “Gently and assuredly, the Church of England has created an environment for other faith communities and indeed people of no faith to live freely.” It seems to me that this should be an aspiration that is taught in our schools. Not just the Christian ones, but all of them.

It invites children of other faiths and of no faith to respond accordingly. It seems to be at the heart of an education that teaches how the world actually is, rather than how we fantasise it to be.

And it provides a considerably more valuable lesson for children than the instinct of Ms Birbalsingh and her media cheerleaders to ban things.