Professor Vanessa Bettinson

Job: Professor of Criminal Law and Criminal Justice

Faculty: Business and Law

School/department: Leicester De Montfort Law School

Address: The Gateway, De Montfort University, Leicester, UK, LE1 9BH

T: + 44 (0)116 207 8195

E: vbettinson@dmu.ac.uk

W: http://www.svdv.org.uk/

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Personal profile

Vanessa has worked at DMU since 2004, teaching both at undergraduate and postgraduate levels. She teaches criminal law, human rights law and immigration and refugee law to undergraduates. She has developed a module focusing on employability, commercial awareness and entrepreneurial skills for law students and also delivers teaching on a number of modules on the distance learning LLM. In addition to these responsibilities Vanessa is the pathway leader of DMU distance learning LLM in International Human Rights Law.

Vanessa’s research currently focuses on criminal justice and human rights responses to domestic violence and/or abuse. In particular, she is currently interested in comparative legal responses to coercive control. She has organised conferences in this area with her colleague Sarah Hilder (DMU, Community and Criminal Justice) attended by local, national and international delegates. Both Sarah and Vanessa have a forthcoming edited book collection for 2016 called ‘Domestic Violence: Interdisciplinary perspectives on protection, prevention and intervention’ (Palgrave).

Research group affiliations

DMU Sexual Violence and Domestic Violence Research Network

Publications and outputs

Using Artificial Intelligence to Identify Perpetrators of Technology Facilitated Coercive Control
Using Artificial Intelligence to Identify Perpetrators of Technology Facilitated Coercive Control Havard, Tirion; Nnamokon, Nonso; Demeocq, Cyndie; Procter, Jack; Harvey, Denise; Bettinson, Vanessa; Magill, Chris This study is one of the 21 projects funded by the Home Office for research on perpetrators of domestic abuse. It is interested in a specific form of domestic abuse known as Technology Facilitated Coercive Control (TFCC) and focussed on the digital communication between (alleged) perpetrators and victim/survivors held on mobile phones. The purpose of this feasibility study was twofold, i. to test the viability of an Artificial Intelligence (AI) programme to identify () perpetrators (including alleged perpetrators) of domestic abuse using digital communications held on mobile phones ii. to examine police and victim/survivor attitudes towards using AI in police investigations. Using digital conversations extracted from court transcriptions where TFCC was identified as a factor in the offending, the research team tested data sets built on different methods and techniques of AI. Natural Language Processing (NLP) tools, a subfield of AI, were also tested for their speed and accuracy in recognising abusive communication and identifying and risk assessing perpetrators of TFCC. Conscious of national concern about policing practices relating to Violence Against Women and Girls and that any AI programme would be futile without the co-operation of both the police and the public, two online surveys were devised to measure opinion. The first sought insight into the attitudes of victim/survivors, viewed as experts in domestic abuse, about using AI in police investigations. The second involved the police and questioned their views of using AI in this way. Havard, T. et al. (2023) Using Artificial Intelligence to Identify Perpetrators of Technology Facilitated Coercive Control.
Defending the domestic abuse victim/defendant: Why the Prison Reform Trust's campaign to introduce defences for offending driven by domestic abuse is important
Defending the domestic abuse victim/defendant: Why the Prison Reform Trust's campaign to introduce defences for offending driven by domestic abuse is important Bettinson, Vanessa This article explores the vulnerability of many UK female offenders and their experiences of domestic abuse that drives their criminality. Now that coercive control by domestic partners is more widely understood, criminal defences should take into account the impact it has upon domestic abuse victim/defendants. The Prison Reform Trust campaigned for the introduction of legal reform that would end convictions of people who committed crimes as a direct result of domestic abuse victimization. The reform has been considered during the debates on the 2021 Domestic Abuse Bill; however, the government rejected the proposal. This article considers how the application of domestic abuse defences can reduce the female prison population and discusses why legal reform is necessary. The file attached to this record is the author's final peer reviewed version. Bettinson, V. (2022) Defending the domestic abuse victim/defendant: Why the Prison Reform Trust's campaign to introduce defences for offending driven by domestic abuse is important. Prison Journal,
Presentation of Evaluation Report Findings “Place to Call Home”
Presentation of Evaluation Report Findings “Place to Call Home” Crofts, Melanie; Bettinson, Vanessa; Lee, Sarah-Jo A presentation of the evaluation findings for the “Place to Call Home” East Midlands Regional Fostering and Supported Lodgings Recruitment Project Bettinson, V. et al. (2022) Presentation of Evaluation Report Findings “Place to Call Home” East Midlands Regional Fostering and Supported Lodgings Recruitment Project - Virtual Learning Event, May 2022
Place to Call Home Project Evaluation Report: Unaccompanied Asylum Seeking Children, Foster Care and Supported Lodgings Placements in the East Midlands
Place to Call Home Project Evaluation Report: Unaccompanied Asylum Seeking Children, Foster Care and Supported Lodgings Placements in the East Midlands Bettinson, Vanessa; Lee, Sarah-Jo; Crofts, Melanie; Cullen, Patrick This is the evaluation report of the Place to Call Home Project. It looks at how the Project was designed, adjusted in response to government restrictions in relation to Covid and whether its operationalisation achieved the key priorities set out in this report. Funded through the Ministry of Housing, Communities and Local Government (MHCLG), Controlling Migration Fund (CMF), East Midlands Strategic Migration Partnership (EMSMP) sought to increase its regional in-house foster care and supported lodgings provision for Unaccompanied asylum seeking children and young people. Demands on local provision have increased significantly with an increase in the number arriving to the region and will continue as the National Transfer Scheme (NTS) became mandatory on 14th December 2021 (Home Office, 2022). Of concern has been the resourcing of appropriate care provision for this cohort of Looked After Children (LAC), which the East Midlands Councils (EMC) found to be problematic in its report ‘Analysis of the Local Authority Costs incurred in support of Unaccompanied Asylum Seeking children in the East Midlands’ (2017). The cost of providing care or support to UASC and young people in the region outweighed the sum received from the government for this purpose by £25,000 per UASC, not least because local authorities had to rely on independent care provision at a far greater cost than in-house placements. With this in mind 9 local East Midlands local authorities: Derby City Council, Derbyshire County Council, Leicester City Council, Leicestershire County Council, Lincolnshire County Council, Northamptonshire County Council, Nottingham City Council, Nottinghamshire County Council, Rutland County Council sought funding from the national CMF which would help them to set up a regional co-ordination team that spearheaded a recruitment campaign, specialised UASC foster care and supported lodgings training in order to develop the regional capacity of inhouse care provision in the East Midlands. This report focuses on the current literature relating to the care provision of UASC and experiences of and support for individuals who foster or provide supported lodgings to this complex group of LAC. In setting out the current concerns raised by the literature it will highlight the challenges that the Place to Call Home Project sought to address as it attracted potential applicants and then worked with them through the assessment process, delivering specialist training. Findings will be reported on the key stages of the process: the recruitment campaign, the assessment process and the training. Highlighted will be some important lessons that can be used to inform future funding of UASC foster care provision. The key summary findings are: The number of Foster Care Placement Approvals were: 41 The number of Supported Lodging Provider Approvals were: 4 37.57% of completed initial enquiries to the project were with people with BAME backgrounds 83.3% of enquirers were interested in working specifically with migrant children 28 prospective carers participated in the specialist UASC training that was developed by the project; overall their evaluations of the training were very positive Regional Co-ordination has been challenging to set up and should be continued to ensure the sustainability of the Project Bettinson, V., Lee, S-J., Crofts, M. and Cullen, P. (March 2022) Place to Call Home Project Evaluation Report: Unaccompanied Asylum Seeking Children, Foster Care and Supported Lodgings Placements in the East Midlands, De Montfort University School of Law and Faculty of Health and Life Science, Funded by the Controlling Migration Fund, Ministry of Housing, Communities and Local Government.
Adding to the Domestic Abuse Criminal Law Framework: The Domestic Abuse Act 2021
Adding to the Domestic Abuse Criminal Law Framework: The Domestic Abuse Act 2021 Bettinson, Vanessa The Domestic Abuse Act 2021 finally received royal assent almost 4 years after the announcement of the Bill in the Queen’s Speech in 2017. This article examines the new provisions relating to criminal law and justice introduced by the Act and the evolution of the Domestic Abuse Bill following its prolonged journey through the Parliamentary process. It will explore the introduction of the new criminal offences: breach of a domestic abuse protection order and threatening to disclose a private sexual photo or film. It considers the extension of mandatory use of special measures for domestic abuse victims, a statutory statement on the limitation of the so-called rough sex defence and amendments to the offence of coercive and controlling behaviour. Background regarding the consultation process and the decision to produce a ‘once in a generation’ chance to provide legislative transformation to domestic abuse is provided. Analysis of these new provisions includes an assessment of where issues concerning implementation may arise. Reform is to be welcomed as greater recognition is given to the public’s increasing intolerance towards domestic violence and abuse. The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link. Bettinson, V. (2022) Adding to the Domestic Abuse Criminal Law Framework: The Domestic Abuse Act 2021. Criminal Law Review, 2, 89
A comparative analysis of non-fatal strangulation offences: Will the proposed s. 75A Serious Crime Act 2015 work for victims of domestic violence and abuse?
A comparative analysis of non-fatal strangulation offences: Will the proposed s. 75A Serious Crime Act 2015 work for victims of domestic violence and abuse? Bettinson, Vanessa This article examines the new offence of Non-fatal Strangulation s. 75A Serious Crime Act 2015, inserted by s. 70 Domestic Abuse Act 2021 and concludes that further re-drafting should be considered. The creation of a specific crime of non-fatal strangulation is an issue previously considered and legislated for by a number of legal states and their experiences are a source that England and Wales should have drawn upon to avoid further legislative reform in this area. This has not happened and s. 75A, prompted by the call to better protect victims of domestic violence and abuse, has been drafted in a manner that will limit its ability to achieve this aim. This is evident by the limited language to describe and define the prohibited conduct and the complexity arising from the inclusion of a defence of consent in some circumstances. Given the potential educative function this offence has, these aspects of the new offence are a significant blow to campaigners seeking improvements to the criminal justice response to domestic violence and abuse. This article outlines the relevance of NFS to the social problem of domestic violence and abuse and makes the argument that a new specific offence is justified. It then explores from selected legal jurisdictions examples of NFS offences to draw out elements that have either assisted or hindered the prosecution of these cases. This comparative approach provides the basis for analysis of the s. 75A offence to determine what challenges it will present to the prosecutorial authorities. The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link. Bettinson, V. (2022) A comparative analysis of non-fatal strangulation offences: Will the proposed s. 75A Serious Crime Act 2015 work for victims of domestic violence and abuse? Journal of Criminal Law,
Domestic Abuse and Child Arrangement Proceedings: Identifying and assessing the risk of harm, including coercive and controlling behaviour
Domestic Abuse and Child Arrangement Proceedings: Identifying and assessing the risk of harm, including coercive and controlling behaviour Bettinson, Vanessa; Burton, Mandy This commentary considers the Court of Appeal decision in Re H-N and others (Children) (Domestic Abuse: Finding of fact hearings). The appellate court heard four conjoined appeals demonstrating what can go wrong in child arrangement proceedings where there are allegations of domestic abuse. The decision highlights a range of specific issues, including the difficulties of identifying and assessing the significance of coercive and controlling behaviour, which the court considers essential to a ‘modern’ understanding of domestic abuse. The court tackles the application of the guidance in Practice Direction 12J; including whether to hold a fact-finding hearing and, if so, determining which allegations to hear (through the formulation of directions, including Scott Schedules) and how to approach the evidence at a fact finding hearing, including whether to have regard to criminal law concepts. In this commentary the reasoning of the court in relation to both the specific cases and the broader issues is analysed. The analysis is contextualised within recent developments, in particular the expert panel report, published last year, on assessing the risk of harm for children and adults in child arrangement proceedings in England and Wales. The file attached to this record is the author's final peer reviewed version. Bettinson, V. and Burton, M. (2022) Domestic Abuse and Child Arrangement Proceedings: Identifying and assessing the risk of harm, including coercive and controlling behaviour. Child and Family Law Quarterly,
Prosecuting Coercive Control: Reforming Storytelling in the Courtroom
Prosecuting Coercive Control: Reforming Storytelling in the Courtroom Robson, Jeremy; Bettinson, Vanessa The criminalisation of coercive control is a welcome development in ending violence against women. It has created an offence aimed at tackling the abuse of power and control within relationships. Despite this, however, there are indications that there is a high attrition rate in bringing prosecutions, notwithstanding the recognition by prosecuting authorities of the need to bring “evidence-led” prosecutions. In this paper we review the ways in which having an offence which is proved via a narrative account of a personal relationship can run into difficulties when faced with rules of evidence which have evolved in a justice system more used to dealing with incident-based offences. Although in many cases judicial discretion allows flexibility to overcome these problems, we argue that the process would be made easier by explicit recognition of the approach to be taken in the rules of evidence. This is a pre-copyedited, author-produced version of an article accepted for publication in the Criminal Law Review following peer review. The definitive published version will be available online on Westlaw UK. Robson, J. and Bettinson, V. (2020) Prosecuting Coercive Control: Reforming Storytelling in the Courtroom. Criminal Law Review, 12, pp. 1107-1126
A Comparative Evaluation of Offences: Criminalising Abusive Behaviour in England, Wales, Scotland, Ireland and Tasmania
A Comparative Evaluation of Offences: Criminalising Abusive Behaviour in England, Wales, Scotland, Ireland and Tasmania Bettinson, Vanessa This chapter analyses the new offences introduced in England and Wales in 2015, Scotland in 2018, Ireland in 2018 and the less recent offences in Tasmania in 2004 addressing the use of coercive control in domestic relationships. Each legislature has chosen different approaches to a shared problem and, as other jurisdictions are considering whether or how to criminalise non-physical abuse at this time, it is timely to consider which model has the greatest potential to achieve the stated objectives of these offences. I argue that the Scottish model is most promising and that rollout to other nations should be a serious consideration. This is based on Scotland having developed an offence that aligns as far as could be expected with its existing policy approaches to domestic abuse. The legislation has a focus on current or ex-partners, no requirement to show that the victim actually suffered harm, an ability to reflect the wide range of behaviours and impact that abusive behaviour can cause, and a sentencing range that adequately reflects the broad range of offending covered by these offences. In comparison, other models have shortcomings, such as greater evidential barriers for prosecution, limitation periods, or a failure to take into account the different levels of severity of consequences caused by the prohibited behaviour. Bettinson, V. (2020) A Comparative Evaluation of Offences: Criminalising Abusive Behaviour in England, Wales, Scotland, Ireland and Tasmania. In: M. McMahon and P. McGorrery, ‘Criminalising Coercive Control’ Springer International.
De-Criminalising Adolescent to Parent Violence Under s 76 Serious Crime Act 2015
De-Criminalising Adolescent to Parent Violence Under s 76 Serious Crime Act 2015 Bettinson, Vanessa; Quinlan, Christina This article questions the appropriateness of including adolescent to parent violence (APV) within the elements of a criminal offence designed to criminalise domestic violence and abuse (DVA). The offence, s. 76 Serious Crime Act 2015 prohibits controlling and coercive behaviours towards a person personally connected to the defendant. This spans on-going intimate relationships and a wide range of family relationships. The authors conducted a small-scale research study that looked at practitioner’s understandings of APV, and found that many cases of APV could satisfy the s. 76 offence. The article examines the correlation between the concepts of coercive control and APV, noting that there are significant differences that justify treating adolescent-perpetrators of APV differently to adult-perpetrators of intimate partner coercive control in the criminal law. These factors concern the unique vulnerabilities of both the parent-victim and the adolescent-perpetrator in APV and human rights law requires the equal protection of both parties on the basis of their vulnerability. The file attached to this record is the author's final peer reviewed version. Bettinson, V., Quinlan, C. (2020) De-Criminalising Adolescent to Parent Violence Under s 76 Serious Crime Act 2015. Journal of Criminal Law, 84 (1), pp. 3-18

Click here to see a full listing of Vanessa Bettinson's publications and outputs.

Key research outputs

V. Bettinson, ‘Loss and Denial of Refugee Status’ in An introduction to International Refugee Law. Edited by Rafiqul Islam and Jahid Hossain Bhuiyan, Leiden: Martinus Nijhoff Publishers (2013)

V. Bettinson and G. Dingwall, ‘Challenging the Ongoing Injustice of Imprisonment for Public Protection: James, Wells and Lee v United Kingdom’ Modern Law Review (2013) 76(5) 925-936

V. Bettinson, ‘Restraining Orders Following an Acquittal in Domestic Violence Cases: Securing Greater Victim Safety?’ Journal of Criminal Law (2012) 76(6) 512-527

V. Bettinson and G. Dingwall, ‘Applying Generic Sentencing Aims in Domestic Violence Cases in England and Wales’ International Journal of Law, Crime and Justice (2012) 40 242-25

Research interests/expertise

Domestic violence and the law
Human rights
Criminal justice
Sentencing

Areas of teaching

Criminal Law
Human Rights
Immigration and Refugee law
Sports participant and the courts
Domestic abuse

Qualifications

LLB (Brunel); LLM (Leicester); PGCert in Higher Education (DMU)

Membership of professional associations and societies

Socio-legal Studies association, member
Society of Legal Scholars, member
Social Policy Association, member

Conference attendance

Conference Organisation

Conference organiser, Safeguarding and Promoting Wellbeing: Addressing Sexual Violence and Domestic Violence Conference (with Leicestershire Safeguarding Adults Board, Leciestershire Safeguarding Children Board and Leicester City Council), November 2014.
Seminar organiser, LGBT Community and Domestic Violence: Challenges to prevention, protection and intervention (with S.Hilder) Leicester De Montfort Law School, September 2014.
Interdisciplinary Domestic Violence: Working Together, the Challenges for Legal and Community Professionals (with Sarah Hilder, DMU), Leicester De Montfort Law School, December 2013.
Criminal Law and Criminal Justice Stream Co-Convenor (with Ben Livings, University of Sunderland), Socio-Legal Studies Conference, Robert Gordon University, Aberdeen, 2014.
Criminal Law and Criminal Justice Stream Co-Convenor (with Ben Livings, University of Sunderland), Socio-Legal Studies Conference, York University, March 2013.
Stream Organiser and Criminal Justice Stream Convenor, Socio-Legal Studies Conference, Leicester De Montfort University Law School April 2012.
Stream Organiser and Themes Convenor, Socio-Legal Studies Conference, Leicester De Montfort University Law School April 2009.

Conference papers

V. Bettinson, “Sentencing domestic violence offences and the victims’ wishes: The position on the European front” at the Annual SLSA Conference at University of York March 26^th 2013.
V. Bettinson and G. Dingwall, “Challenging the ongoing injustice of imprisonment for public protection” at the Annual SLSA Conference at University of York March 26^th 2013.
Staff seminar in the Community and Criminal Justice Lunchtime Seminar series, V. Bettinson and G. Dingwall, “The Theoretical Application of Generic Sentencing Aims in Domestic Violence Cases” February 6^th 2013.
V. Bettinson, “Preventing continued victimisation: Making the case for further specialisation in courts for domestic violence victims” at the Symposium – ‘Legal Perspectives on the Victim’ at Nottingham Trent University December 19^th 2012.
V. Bettinson and G. Dingwall, “Do Generic Sentencing Aims Result in Optimised Outcomes in Domestic Violence Cases?” at the Annual SLSA Conference at Leicester De Montfort University Law School April 5^th 2012.
V. Bettinson, “Restraining Orders following an acquittal: Better Prosecutorial After Care in Domestic Violence Caes?” at the Annual SLSA Conference at Leicester De Montfort University Law School April 5^th 2012.
V. Bettinson, ‘The future of claims to resist removal by HIV+ Sufferers: The mother and child claim’ at the Annual SLSA Conference at the University of Kent, April 4^th 2007.
Staff Seminar, ‘The Case of N v secretary of the State for the Home Department [2005] 2 WLR 1124 and the future of Article 3 ECHR claims in the migration and HIV/AIDS context’ at Leicester De Montfort University Law School November 8^th 2006.
Paper entitled “Resisting removal due to a lack of effective medical treatment for HIV/AIDS” at the Annual SLS Conference in Keele September 4^th 2006.
Paper on N v Secretary of State for the Home Department [2005] 2 WLR 1124 at LSE Interdisciplinary Conference: Crossing the Boundaries March 24^th 2006.

Professional esteem indicators

Palgrave
Case Note Editor (Assistant) for the Journal of Criminal Law 2011- 2012
Guest Editor for the Liverpool Law Review, a special edition on ‘Historical and Contemporary Legal issues relating to HIV/AIDS,’ Vol. 28 (2) 2007
Reviewer for Legal Studies
Reviewer for Oxford University Press
Reviewer for Routledge
Guest Speaker for BBC radio Leicester.