It varies, there's definitely generative pieces involved but they try to not make it blatant

If we're talking evidence in court then it's practically speaking more important if the photographer themselves can testify about how accurate they think it is and how well it corresponds to what they saw. Any significantly AI edited photo effectively becomes as strong evidence as a diary entry written by a person on the scene, it backs up their testimony to a certain degree by checking for the witness' consistency over time instead of trusting it directly. The photo can lie just as much as the diary entry can, so it's a test for credibility instead.

If you use face swap then those photos are likely nearly unusable. Editing for colors and contrast, etc, still usable. Upscaling depends entirely on what the testimony is about. Identifying a person that's just a pixelated blob? Nope, won't do. Same with verifying what a scene looked like, such as identifying very pixelated objects, not OK. But upscaling a clear photo which you just wanted to be larger, where the photographer can attest to who the subject is? Still usable.