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Government clampdown on misuse of NDAs as “gagging orders” to conceal crime.
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Change will ensure victims can talk about criminal conduct to anyone, for any purpose, without fear of breaching an NDA.
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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 Alex Davies-Jones 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.
ENDS
Further information
- 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.