Article
Comment
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
Migration
Politics
Romance
5 min read

Families like mine are impossible now, thanks to the idol that is the net migration target

Politician priests are making pointless sacrifices on the altar of numbers

Joel Pierce is the administrator of Christ's College, University of Aberdeen. He has recently published his first book.

A Border Force officer wears body armour with Immigration Enforcement written on the back
UK Border Force.

Let me tell you a love story. Eighteen years ago, in a time before politicians had taken to immolating their values on the altar of the semiannual net migration totals, I fell for the pretty Scottish bridesmaid at my sister’s wedding. The romance presented some challenges for an American like me, but none that were insurmountable. She found a year-long internship near me in Seattle and, just before she returned home, I popped the question.  

The process of applying for a UK visa was just another bit of the tedious logistics of an overseas move, the kind of thing a romantic comedy skips over with a ‘One Year Later’ movie subtitle so that it can end with a joyous wedding ceilidh in a picturesque Scottish locale. Our first few years together in Edinburgh were lean ones. Having takeaway coffee more than once a week felt like a scandalously indulgent luxury. Even so, I was able to progress seamlessly from my marriage visa to indefinite leave to remain, to citizenship.   

None of this would be possible if we were young twentysomethings in love today. We would fail every test of what the Home Office now considers to be acceptable romance.  

During our first year of marriage, the stipend my wife received while training for ministry would have been well short of the £18,600 income threshold introduced in 2012 for a sponsoring spouse, let alone the £29,000 required now. While we did have some savings, they were nowhere near the £88,500 now needed to waive the income requirement, and, in any case, would have been substantially drained by the £5,000 in fees and health surcharges that a two-and-half-year spouse visa now costs. It is little wonder Brits who have found love abroad, even ones in a substantially better financial and professional position than we were then, are now finding it impossible to move back to the UK.  

What is the cause of these new barriers? A hint can be found in the title of a recent Guardian article about recommendations for a slight relaxation of the income threshold to between £23,000 to £25,000. ‘Lowering UK’s income requirement for family visas ‘would increase net migration’, the piece was headlined. When even the most left wing major daily in Britain can’t report on the possibility of things being marginally easier for Brits who have the temerity to love a non-citizen, without framing it in terms of net migration, it’s a sign that we have all fallen captive to this singular statistic.  

Net migration is a number created by humans and yet it has come to play the role of an angry god which demands sacrifices every time it is reported. The right of working class people to marry a non-citizen spouse, the economic viability of our universities, and the proper staffing of the NHS are all victims its politician-priests have offered up in hopes that they would satiate its hunger. Net zero maybe next. 

There is no particular reason to think totting up the total number of people who arrived in the UK with the intention of staying here for a year and then subtracting the total number who left with the intention of staying abroad for a similar duration is a particularly meaningful exercise. It conflates people like me, who came here with every intention to settle and start a family, with students coming for a one-year master’s, doctors filling vital roles in NHS with children try to stay with with a migrant parent and Afghan refugees seeking long-term sanctuary with oil workers serving time in Aberdeen before moving on to Calgary or Brunei.  

The dominance of this statistic in our discourse has warped our moral discernments. 

There are perfectly legitimate reasons to think carefully about how much of each form of migration to allow, but when they are all grouped together under this single measure a peculiar logic sets in. Want to do the right thing by welcoming refugees from Ukraine and Hong Kong? Well, then, we’ll have to offset that with restricting visas for overseas students and throwing our higher education sector into chaos. Need more highly skilled programmers working in banks in London? Well, maybe we can balance that by demanding care workers abandon their kids if they want to look after someone in Nottingham. There is no reason to weigh the needs of these different sectors against each other, and yet the logic of this statistic demands that we do. 

The Bible has a word for human-made things which take on their own singular, violent logic. It calls them idols. While that word may conjure images of golden calves, the accusation which biblical writers consistently make against idolaters, that their idols blind them to what is really important and numbs their critical thinking, applies equally well when the idol is a statistic. The dominance of this statistic in our discourse has warped our moral discernments. It has made us unable to say what should be said without glancing nervously at its imposing shadow. It causes us to say things that should never be said and not notice how absurd they are. 

Instead, we should be able to celebrate that hundreds of thousands of people want to come to study at our universities (the vast majority of whom return home after finishing their studies)  and, hopefully, someday also be able to celebrate when hundreds of thousands of refugees are able to return to a peaceful and liberated Ukraine without having to calculate that the former will raise and the latter lower our totals. We should be able to welcome easing of income restrictions on spouse visas without noting that it will lead to a marginal increase in net migration. We should be able to see that sending an eight- and eleven-year-old back to Brazil without their parents is not, in the words of a Home Office official, “a degree of disruption in family life” which is “proportionate to the legitimate aim of maintaining effective immigration control”, but rather a gross violation of human decency. 

Migrants are not just numbers on a balance sheet. The diversity of our lives, what we give to the UK, what we receive in return, cannot be summed up in a single annual figure. And yet every six months, as the figure comes out, politicians express disappointment and announce measures to put that little bit of extra pressure on us, so that maybe a few more of us who can leave will. In the process they are sacrificing to this idol not just the peace of mind and the economic well-being of many migrants, but also much of the vitality of the nation as a whole. The Bible has a solution for idols. They are only fit to be melted down, destroyed, and forgotten. It is time to consider giving this one a similar treatment. 

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