- Government clampdown on misuse of NDAs as “gagging orders” to
conceal crime.
- Change will ensure victims can talk about criminal conduct to
anyone, for any purpose, without fear of breaching an NDA.
- Part of the Government's Plan for Change to restore
confidence in the justice system, stand up for victims, and help
halve violence against women and girls.
Victims and direct witnesses of crime who sign a non-disclosure
agreement (NDA) will no longer be gagged from speaking out, under
new plans announced today (Monday 20 October).
An amendment to the Victims and Courts Bill will ensure NDAs can
no longer legally be used to silence victims or conceal criminal
behaviour.
The change will guarantee victims and direct witnesses of crime -
whether inside or outside the workplace - can share their
experiences with anyone, for any purpose, including family,
friends, employers and journalists, without fear of legal
repercussions.
The amendment will help all victims of crime, and is part of the
Plan for Change to halve violence against women and girls and
restore faith in the justice system.
Victims and Tackling Violence Against Women and Girls
Minister said:
“NDAs are too often used to sweep criminality under the carpet –
trapping victims into silence and denying them justice. This must
end.
“These changes will free victims from the murky world of
confidentiality clauses, meaning they can speak to whoever they
like about their experience without threat of legal action,
helping them move on and rebuild their lives.”
The move builds on existing protections in the Victims and
Prisoners Act 2024, which clarify that NDAs cannot stop victims
from reporting crimes to the police and ensure that NDAs cannot
stop victims from accessing legal advice and other support,
including from victim support services.
The change aligns with reforms in the Employment Rights Bill,
which will void NDAs designed to silence workers about
work-related harassment or discrimination.
Zelda Perkins - Founder, Can't Buy My Silence UK,
said:
“This is a hugely welcome move from the Government which will
underpin the integrity of law and protect victims. This sends a
clear message to perpetrators that the time of hiding their
criminal behaviour is over, and that this Government is serious
about keeping the British Justice System a world leader in human
rights.”
More widely, the Victims and Courts Bill seeks to improve
victims' experience of the criminal justice system by giving
them confidence about the routes available to receive information
about their offender's release, and strengthening the powers of
the Victims' Commissioner to better hold the justice system to
account.
NOTES FOR EDITORS:
- Section 17 of the Victims and Prisoners Act was commenced on
1 October 2025 as a temporary measure. The Victims and Courts
Bill amendment will eventually repeal section 17 of the Victims
and Prisoners Act 2024 and replace it with a stronger, simpler
protection allowing victims and direct witnesses of crime to
disclose information about the conduct to anyone and for any
purpose, not just to the bodies and for the purposes set out in
the previous Act.
- The Government recognises that in some cases, both parties
may genuinely wish for confidentiality about certain details. The
amendment will therefore give the Secretary of State powers to:
- set criteria for “excepted NDAs” in limited, legitimate
circumstances; and
- specify situations where disclosures will always be allowed,
even if an “excepted NDA” exists.
- This reform will not affect existing laws protecting
sensitive information, such as the Official Secrets Act 1989, the
Higher Education (Freedom of Speech) Act 2023, or whistleblowing
provisions in the Employment Rights Act 1996.
- A separate Statutory Instrument, , which was laid on 16
October and will be debated shortly, will expand section 17 of
the 2024 Act to allow disclosures to the Criminal Injuries
Compensation Authority (CICA), courts and tribunals, and
Registered Foreign Lawyers for certain purposes related to the
criminal conduct.
