Victims speak out under NDA reform

Victims and direct witnesses of crime who sign non-disclosure agreements (NDAs) will no longer be silenced under new plans announced by the UK government. An important amendment to the Victims and Courts Bill was revealed on Monday, 20 October, aiming to eliminate the misuse of NDAs that often serve as “gagging orders” to conceal criminal conduct.

This significant change ensures that victims and witnesses, whether connected to the workplace or not, can openly discuss their experiences with anyone, including family, friends, and the media, without fearing legal consequences. The reform is a crucial part of the government’s broader Plan for Change, intended to restore public trust in the justice system and fight against violence toward women and girls.

Victims and Tackling Violence Against Women and Girls Minister Alex Davies-Jones stated, “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 amendment to the Victims and Courts Bill builds on the protections established in the Victims and Prisoners Act 2024, which makes it clear that NDAs cannot prevent victims from reporting crimes to the police or accessing legal advice. These adjustments also echo reforms in the Employment Rights Bill, aimed at voiding NDAs that shield workers from reporting workplace harassment or discrimination.

Zelda Perkins, Founder of Can’t Buy My Silence UK, welcomed the move, stating, “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.”

In a bid to further enhance victims' interactions with the criminal justice system, the Bill aims to instil greater confidence in how they can receive information regarding the release of their offenders. Additionally, it seeks to strengthen the powers of the Victims’ Commissioner to hold the justice system accountable effectively.

The forthcoming legislation includes provisions that will see the repeal of section 17 of the Victims and Prisoners Act 2024, allowing greater freedom for victims and witnesses in disclosing information. While the government acknowledges that confidentiality may be desirable in some cases, the amendment will also grant the Secretary of State the authority to set criteria for “excepted NDAs” in specific, legitimate situations.

Importantly, the changes will not alter existing laws protecting sensitive information, such as the Official Secrets Act 1989 and whistleblowing provisions under the Employment Rights Act 1996. A separate Statutory Instrument recently laid on 16 October will also broaden section 17 of the 2024 Act, allowing disclosures to relevant legal bodies for matters associated with criminal conduct.

This substantial reform reflects a commitment to empower victims and ensure their voices are heard, fostering a more transparent and humane judicial system.