WITNESS PROTECTION MEASURES AND THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCEEDINGS: A COMMON LAW APPROACH

Abstract

This article examines the admissibility of evidence obtained in criminal proceedings where special measures are used to ensure witness protection in Common Law jurisdictions. It focuses on the United Kingdom, the United States, Canada, Australia and the jurisprudence of the European Court of Human Rights, and argues that admissibility must be assessed through a principled evaluation of overall fairness rather than formal procedural compliance alone.