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Conspiracy theory
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4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

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

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Politics
6 min read

Camden: what’s up in Keir’s backyard?

The new Prime Minister’s constituency has valuable lessons for the country.

Simon Walsh is a communications consultant, journalist and non-stipendiary priest in the Diocese of London.

Kier Starmer walks along a residential development's path with two other people.
Starmer and local councillors in Camden.

‘What good ever came out of Nazareth?’ was asked of Jesus. The same might now be said of Camden, which lies at the heart of the Holborn & St Pancras constituency. A safe Labour seat since the 1980s, its present incumbent is Sir Keir Starmer who has been handed the keys to Downing Street in the General Election.

His wallet apparently has on it ‘Take me home to Kentish Town’. Two buses link Kentish Town, where he lives, with Whitehall – a route of about four miles. He will go into government with a very full in-tray, and many of them are issues he knows first-hand from his own constituency. I know them too, having lived there for 20 years.

Sometimes I cover services for a clergy colleague in the nearby parish of St Mary’s, Somers Town. The church is on Eversholt Street which runs along the eastern side of Euston station, incidentally the capital’s first mainline railway terminus. Last year, as I arrived for a mass one rainy Saturday morning, a random group of people sheltered in the doorway. They were, I discovered, addicts waiting for a drugs drop. Towards the end of mass, one of the group – a young woman – came into the back of church and found a pew in which to start preparing her fix. Once I had disrobed, I asked if she wouldn’t mind doing it somewhere else.

Another time, in the same church, a young woman from Spain was asking for money. She had answered a job advert on social media to come and work on a chicken farm. Having arrived and paid her accommodation for a week, she found there was no chicken farm, and trying to find other work was almost impossible because of paperwork. What could we do to help? The church itself is in dire need of financial support too.

St Mary’s Flats... were among the first examples of public housing in the country to have electricity and Jellicoe became something of a social housing celebrity.

Somers Town was transformed 100 years ago when its energetic parish priest, Fr Basil Jellicoe, created the first housing association. Dismayed by the squalor of Victorian tenements, he set about raising funds for The St Pancras House Improvement Society. Jellicoe was only in his mid-20s but had a solid Anglo-Catholic background founded on mission and a heart for the poor. The cramped and filthy conditions with extreme poverty were ‘an outward and visible sign of an inward and spiritual disgrace’ – for him, the opposite to the sacraments.

By the time Jellicoe moved from the parish in 1934, the slums had been cleared and a number of the new blocks built, the first being St Mary’s Flats, with others given saints’ names. They were among the first examples of public housing in the country to have electricity and Jellicoe became something of a social housing celebrity. Tragically, having worn himself out he died at the age of 36. His legacy is one of praxis – active Christianity meeting social problems where they are – and his model became the blueprint for many other housing associations since.

No surprise, therefore, that families struggle to afford to live in the area and migrate further out. As a result, schools have started to close. 

The area remains a swirl of social problems in addition to the drugs. Mental health issues are rife. There are plans to redevelop St Pancras Hospital which houses mental health services. The area suffers from traffic and noise pollution, and lacks communal spaces. Camden Council recently saw fit take one corner of a public green in Somers Town on which to build a tower block of multi-million pound flats, handy for nearby St Pancras Station. Crime rates are high with muggings and mobile phone thefts a daily reality. Last year, as mourners left a funeral one Saturday afternoon at St Aloysius Church just a few streets down from St Mary’s, a drive-by-shooting injured six people. Starmer called the incident ‘appalling’ and spoke of ‘extra patrols and community support’ after a conversation with police.

The area has become highly expensive. Local businesses are being priced out by increased rents. Very little social housing has been built this century. The average house price in NW1, which encompasses the Nash terraces of Regents Park, the council blocks and social housing of Somers Town, is £1.3 million. A two-bed flat is in excess of half a million quid. No surprise, therefore, that families struggle to afford to live in the area and migrate further out. As a result, schools have started to close – four in as many years recently. In his acceptance speech in Camden Council’s offices near St Pancras station, close to the world-renowned Crick Institute and Facebook’s UK headquarters, Starmer namechecked the mythical ‘girl from Somers Town’ and his hope for her future.

Charles Dickens went to school around here and knew these streets well. His 1848 novel Dombey & Son detailed the destruction and chaos caused in the area by the building of the railway line through it. 175 years later, it has been HS2, the great White Elephant which has dug up streets, seen whole blocks of accommodation and hotels demolished, diverted roads, and axed much-loved institutions like the Bree Louise pub. There has been no benefit to locals so far (quite the opposite, in fact) and it is a stain on both Labour and Conservative administrations. Sir Keir says he is furious at the ‘big hole’ left by the down-tools project. There is fear now that the redundant land will be subject to a ‘gold rush’ as developers circle to pick up some prime real estate.

Interviewed in June by the Camden New Journal, Starmer said: ‘The government has earmarked money for Euston. I want to see that money and obviously, if we come into power, we’ll see through all this money – and not stripped away from other projects which is the usual trick.’ He also said: ‘The other thing is we need housing. Camden desperately needs housing as many places do. So we will use it – if we are privileged to come into power – as part of our plan for 1.5 million homes.’

His manifesto has five pledges: 

  • Kickstart economic growth 

The cost-of-living crisis is biting hard here and the inequalities are stark. People need real money.

  • Make Britain a clean energy superpower 

It’s going to need more than a few on-street charging points for electric vehicles. And the carbon footprint of that HS2 project? 

  • Take back our streets 

He wants to halve crime rates but London has around 106 crimes per 1,000 people and his own constituency feels less safe than it used to. 

  • Break down barriers to opportunity 

Camden already ranks highly in the deprivation index where barriers are concerned: schools, homes, jobs… 

  •  Build an NHS fit for the future 

Again, the hospitals and GP services are cracking – high demand combined with under-investment is deadly. 

A prophet is not welcome in his own country, it was said. Although the new Prime Minister was elected with a majority in his home seat, it was down to 18,884 votes from the 2019 endorsement of 36,641 votes – a drop of almost 50%. In this election, an Independent candidate called Andrew Feinstein polled 7,312 votes with his pledge to improve life for local residents. Starmer’s constituents will be counting on him to fix the nation along with the problems on their own streets. Otherwise, safe seat or not, he may no longer be welcome in Camden either.