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Justice
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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 

  

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Politics
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A tents dispute about how to help the homeless

To house the homeless, argues Jon Kuhrt, silly soundbites and hasty policies need to be replaced with the right relationships and radical reform.

Jon Kuhrt is CEO of Hope into Action, a homelessness charity. He is a former government adviser on how faith groups address rough sleeping.

In an underpass a pedestrian passes and look at the tent of a homeless person.
Spielvogel, CC BY-SA 4.0, via Wikimedia Commons.

2011: London’s Westminster City Council proposes byelaws to ban rough sleeping and to prevent groups distributing food to people in need, known as ‘soup runs’, in the Victoria area.  

The proposals caused an almighty uproar from charities and community groups and demonstrations outside the council offices. In addition, both the London Mayor Boris Johnson, and the Conservative central government spoke out against the plans.  In the end the proposals were quietly withdrawn. 

At the time I was Director of the West London Mission, a homelessness charity based in Westminster. We worked closely with both churches and the council but we publicly disagreed with the plans because they were divisive, polarising and unworkable. 

‘Lifestyle choice’ 

2023: The Home Secretary, Suella Braverman, makes comments on social media about cracking down on rough sleepers who sleep in tents. Among other comments, Braverman said: 

"We cannot allow our streets to be taken over by rows of tents occupied by people, many of them from abroad, living on the streets as a lifestyle choice.”  

Again, Braverman’s comments have provoked an avalanche of criticism. In the middle of a housing and cost of living crisis, the accusation that people living in tents are simply making a ‘lifestyle choice' is rightly seen by many as simplistic, harsh and deeply unhelpful to addressing the serious issue of rough sleeping.  

Nothing represents UK poverty and exclusion with such visceral power as the sight of someone huddling in a doorway.  Therefore, to the average person, providing help to rough sleepers makes sense. Banning help appears harsh and inhumane. These are issues that need talking about carefully and compassionately. 

After 25 years of working for homeless charities, I worked for four years in the Government’s Rough Sleeping Initiative as an Adviser on how faith and community groups addressed homelessness. Building trust and cooperation between charities, churches and government was the key focus of my work.   

And probably the most sensitive of all issues is how the outdated ‘Vagrancy Act’ of 1824 could be replaced.  I know what frustration the Home Secretary’s ill-judged comments will cause to those in government working hard on reducing rough sleeping.  

Dangerous and insecure 

But whilst it’s right to condemn Braverman’s comments, we have to consider how we respond and not simply add to the unhelpful polarisation of these issues. The answer to anti-tent rhetoric is not to encourage people to give out more tents.  

It may sound obvious, but the key thing to focus on is the welfare of rough sleepers at the heart of this discussion. And that does not mean we endorse every form of help that is offered.  

The truth is that the rise in the use of cheap tents to sleep rough in is a genuine problem that local councils and charities have been struggling to address. They often create dangerous and insecure environments and can easily mask people’s serious declines in physical and mental health. 

Christian response 

A few years ago, I worked closely with All Saints Church in the centre of Northampton because they had 15 tents pitched in their churchyard.  The drug use, defecation and other behaviours of those living in the tents were genuinely anti-social and problematic.  Tensions with the council were rising and the vicar, Oliver Coss, was grappling with what the right Christian response was.  Of course, there was genuine housing need in the town but what was happening in his churchyard was no good for anyone. 

Through careful discussions, we brokered a plan of joint action between the church, the local authority and the key local charity. Those sleeping rough in the churchyard were given notice and were told the tents would be removed on a certain date but alongside this, interviews and offers of housing were made to everyone.  I have huge respect for the way Rev.Coss navigated these tricky waters with resolve and compassion.  He took heat, especially when the national press picked up the story but he steered a course which was genuinely best for all concerned. Theologically, his actions were the right blend of grace and truth

Relationship and trust 

Last winter I was involved in a similar way with an encampment in the park right behind my house in south London. It was causing serious concern to many local people due to the fires being lit, rubbish piling up and the vermin it attracted. I got to know almost all of the occupants of the camp as they attended a drop in meal I run at my church. The relationship and trust we developed helped me liaise between them and the council’s rough sleeping coordinator and this led to the camp being cleared and each of them offered temporary accommodation. 

Informed debate 

Rather than hasty policies or silly soundbites, we need a more honest and informed public discussion about rough sleeping.  Addressing homelessness is complex because it involves an interweaving of structural injustice and the personal challenges that individuals face. Simplistic comments may work well on social media, but they don’t help people in the real world.   

Enforcement is not the dirty word it is often made out to be – sometimes it is a vital ingredient in helping someone change their life.  But in order to work, it must always be accompanied by a valid offer of accommodation, a meaningful step off the streets. And for too many, especially non-UK nationals, no such step exists.  

Radical reform 

Housing should be the key issue in the next election. We need urgent and radical policy reform to build more social housing. Record numbers are housed in expensive temporary accommodation which is causing bankruptcy in some local authorities. Millions of pounds of public money has been wasted in housing people for years in hotels which could have been used so much more productively.  

We need more of the longer-term, community-based solutions to homelessness such as those pioneered by Hope into Action. We attract investment to buy houses which we turn into homes for people who have been homeless. In addition to professional support, each house is connected to a local church who provide friendship and community. 

People sleeping rough in tents is not a ‘lifestyle choice’. It is the visible tip of a vast homelessness iceberg in this country caused by relational poverty and chronic underinvestment in affordable housing.  And if we do not address the problems beneath the waterline, then we should not be surprised to see more tents appearing in our towns and parks.