Victims under NDAs can breach them to reveal crimes in new law

Victims subject to “gagging orders” will be able to breach them to reveal crimes under a new post-Me Too law.

On Tuesday, Alex Chalk, the Justice Secretary, tabled amendments to his victims and prisoners’ Bill, which means sexual abusers and other offenders will no longer be able to use non-disclosure agreements (NDAs) to silence their victims.

The move comes after high-profile cases such as disgraced movie mogul Harvey Weinstein revealed how confidentiality agreements were being used by sexual predators and bullies to escape prosecution.

In a major victory for victims, NDAs will no longer be legally enforceable if they prevent employees from reporting a crime.

It means that victims will be free to speak about their experiences to police, lawyers, doctors and counsellors without fear of legal action for breaking the terms of the agreement.

It is among a series of amendments announced by Mr Chalk to boost the rights of victims including new measures to open up secret hearings that have freed mentally ill killers and legally-enforced plans to name and shame police, prosecutors and courts that fail to meet their responsibilities to victims.

‘Improve transparency’

Mr Chalk said: “Navigating the criminal justice system can feel complex and overwhelming so it is right that we hold agencies to account to ensure victims are getting the support they need.

“These new duties will improve transparency, accountability and consistency, ensuring all victims receive support wherever they are, whatever the crime.”

Many businesses use non-disclosure agreements legitimately to protect commercially-sensitive information and trade secrets.

But bosses have also been accused of misusing the draconian clauses to silence victims of sexual harassment, bullying, discrimination and workplace abuse.

Under the rules, victims will be allowed to disclose details covered by NDAs providing it is relevant to criminal conduct and for the purpose of reporting an offence or accessing support or advice.

That means other parts of confidentiality agreements, including provisions in respect of commercially sensitive information and financial agreements, will remain in force.

Baroness Newlove, the victims’ commissioner said: “The misuse of NDAs can act as a significant barrier to justice for victims.

“These agreements have the effect of silencing victims, denying them access to justice and crucial support to help them rebuild their lives.

“I welcome moves to clarify the law and make it clear to victims that NDAs cannot be used to scare victims into silence.

“Victims deserve to be heard, and this clarification is an important step towards a system that empowers them to speak out.”

Police under great scrutiny

Victims of serious crimes committed by those with mental disorders will be able to explain in their own words the impact the offence has had on them and why they believe an offender should not be released from a secure hospital by a mental health tribunal behind closed doors.

The police and other criminal justice agencies will also be placed under greater scrutiny through a new statutory duty, which will mean they have to not only inform victims of their rights under the Victims’ Code – but deliver services in accordance with it.

Compliance with this duty will be overseen by the Victims’ Commissioner, and Ministers will be required to consult the Commissioner when agencies fail to deliver the required standard of services for victims ahead of being issued public “notifications of non-compliance”.