Risk of Unfairness in Historical Prosecutions
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A November 2022 SRA warning notice on strategic lawsuits against public participation (SLAPPs) was issued due to concerns about wealthy individuals silencing critics with legal threats.
The intent was laudable and its message has no doubt hit home.
However, issues arise when prosecutions are brought for historical allegations under a previous regulatory regime, causing tension between free speech advocates and legal professionals preserving reputation and privacy.
Author's summary: Unfairness risk in historical prosecutions.
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