Section 17 of the Victims and Prisoners Act 2024 (section 17) came into force on 1 October 2025. It is intended to ensure that non-disclosure agreements (NDAs) are not used to prevent victims of crime from speaking to the police or seeking advice and support to deal with the impact of crime.
Facts
Section 17 (which applies in England and Wales only) concerns NDAs that are signed on or after 1 October 2025. It works by making void any provision in an agreement that purports to preclude certain disclosures of information by a victim of crime (or a person who reasonably believes they are a victim) to specified persons.
Disclosures of information about relevant conduct are covered by section 17 if they are made by a person who is (or reasonably believes that they are) a victim of crime, to the following groups and for the following purposes:
- Police or other bodies which investigate or prosecute crime, for investigating or prosecuting the relevant conduct
- Qualified lawyers, for seeking legal advice about the relevant conduct
- Regulated professionals (including regulated healthcare professionals), for obtaining professional support in relation to the relevant conduct
- Victim support services, for obtaining support in relation to the relevant conduct
- Regulators, for cooperating with the regulator in relation to the relevant conduct
- The Criminal Injuries Compensation Authority (CICA), for the purpose of a claim for compensation under the schemes it manages
- A court or tribunal, for the purpose of issuing or pursuing proceedings in relation to a decision of the CICA
- To a person authorised to receive information on behalf of any of the above, for the relevant purposes mentioned above
- A victim’s close family (child, parent or partner), for the purpose of obtaining support in relation to the relevant conduct
However, section 17 will not prevent the enforcement of a NDA that seeks to preclude a disclosure to one of the above persons for the primary purpose of releasing information into the public domain. Guidance produced by the Ministry of Justice cites the example of a victim talking about the relevant conduct to a qualified lawyer with the intention of the lawyer acting as a spokesperson to publicise the information.
It is worth noting that for section 17 to apply there is no need for the crime to have been reported, or for any person to have been charged or convicted.
What does this mean for employers?
This new law may impact the enforceability of NDAs concluded with employees – in particular, those that are included in settlement agreements and COT3 agreements. Such NDAs may not always be appropriate and it is recommended that employers consider in each case whether they are really necessary. Where NDAs are used, including in contracts of employment, they are generally already subject to wide-ranging carve outs, for example in relation to the reporting of crime, and whistleblowing. However, going forward employers may wish to consider adding a specific carve out referencing disclosures that are permitted under section 17.
