Leap of Faith: should a public role be allowed after prison?

One of the interesting things about being a magistrate is comparing English and Jewish law. There are, of course, many differences, but there are also similarities. One is that when someone has completed their punishment, they should be able to re-enter society and put their crime behind them.

Does that, then, mean that Joshua Bonehill-Paine should be able to take up any post he wishes after serving his sentence for posting antisemitic material and for racial harassment of then-Labour MP Luciana Berger? The answer, in typical Jewish fashion, is “it depends”. On the one hand, Bonehill-Paine seems genuinely to have overcome his antisemitism and now talks to others about why his views were wrong. On the other hand, little has been said about the misogyny which also formed part of his vicious attacks on Luciana Berger. We do not know if he has learnt how wrong that is, and whether he is educating others about the evils of misogyny.

A second factor is what the effect of him taking up a position might be. Whether as a Councillor, as first proposed, or a special advisor, Bonehill-Paine has a public role, which brings a particular responsibility. Luciana Berger has not been alone in questioning whether he should hold such a position.

Jewish and English law both have in common that the victim of a crime does not determine the sentence. This must be determined by judges who are independent, not swayed by their emotions. This does not mean that the feelings the of victim should be ignored. The hurt done to them is part of what determines their sentence. In Jewish law, both physical and emotional harm are taken into account (Mishnah Bava Kamma 8:1).

The hurt the victim feels does not end with the end of the offender’s punishment. Their pain continues. If Bonehill-Paine takes up the suggested position, it will be painful for Luciana Berger and others who were hurt by him. It will also give the impression that a history of racist, antisemitic and misgogynist views is acceptable in those who hold public office.

There is a final factor in Judaism, which is perhaps the most important. We are now in the month of Elul, approaching the season of repentance, teshuvah. True repentance demands that we make amends. The Mishnah (Yoma 8:9) teaches that if we sin against another human being, our sin will only be forgiven by God if we first approach and make amends to the person we have sinned against. There is no evidence that Bonehill-Paine has approached Luciana Berger to make amends. Although we cannot judge how truly sorry he is, we can wonder whether he has truly repented if he has not done so.

Rehabilitation is important. Everyone has the right to start anew. But first one has to truly repent by acknowledging the harm one has done. Whilst we cannot judge an individual without knowing the facts, we can set out the principles that should be considered and ask whether in this case that has happened.