The European Court of Human Rights has repeatedly stressed that its role is not to substitute its judgment for that of the domestic courts as to the admission or treatment of evidence in national proceedings1 but that it will review the overall fairness of proceedings to assess whether any defects, including in the way evidence was taken, were remedied by the trial and appellate courts2. In this context procedural safeguards will need to be put in place in relation to the use by the prosecution of evidence of undercover officers
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