Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025

Lord Sandhurst Excerpts

Thursday 4th December 2025 Grand Committee

In conclusion, this instrument introduces three changes to Section 17 to ensure that it achieves its policy intent. These changes will enable victims of crime to access appropriate support from the right agencies and professions without fear of legal consequences arising under an NDA.

[Lord Sandhurst (Con)]

My Lords, I am grateful to the Minister for introducing this statutory instrument, which concerns an issue of real importance to victims of crime and to the integrity of our justice system. These regulations, made under the Victims and Prisoners Act 2024, clarify and expand protections for victims who have signed non-disclosure agreements, otherwise known as NDAs.

We on this side of the Committee are proud to have brought forward the 2024 Act, and, crucially, to have created a mechanism to extend the list of bodies to whom disclosures may be made without fear of breaching an NDA. Today’s instrument makes use of that mechanism in a sensible and necessary way.

It is already well established that no NDA can prevent someone reporting a crime to the police, yet too often such agreements have a chilling effect. Victims may be unsure whether they can speak to a support service, a lawyer or even a close family member. Section 17 of the 2024 Act was intended to bring clarity and to void NDAs to the extent that they purport to prevent victims, or those who reasonably believe that they are victims, from speaking to specified bodies about criminal conduct.

These regulations go further. They add the Criminal Injuries Compensation Authority to the list of permitted recipients and ensure that victims can disclose information needed for a compensation claim without risking legal consequences. No victim should face a choice between honouring an NDA and seeking redress for harm suffered. They also permit disclosure to a court or tribunal when challenging a decision of the Criminal Injuries Compensation Authority. That is a necessary provision for meaningful challenges.

The misuse of NDAs to obscure criminality has long troubled campaigners, lawyers and victims’ organisations. These regulations close important loopholes. They will ensure that victims can speak to the compensation authority, the courts and regulated lawyers, whether domestic or foreign, without the shadow of a legal threat. In conclusion, these are proportionate and sensible measures that strengthen the statutory framework that we established in 2024.

[Lord Lemos (Lab)]

I am grateful to the noble Lord, Lord Sandhurst, for his support for these measures and his contribution to this debate. As I have said, I believe that the changes we are seeking to make through this instrument will help to ensure that Section 17 comprehensively achieves the policy aim, and I therefore commend this draft instrument to the Committee.