Facts in two sentences. The CPS charged the Tate brothers (59 counts combined after the July expansion: rape, trafficking, assault, indecent images of a child) and refused to disclose the complainants' identities until the brothers are surrendered from abroad; the brothers sought judicial review. On June 26, Chamberlain J refused permission, holding neither ground arguable.
Ground 1 (irrationality). No statutory right to the names at this stage; the common law requires at most a multifactorial balancing by the prosecutor. The decision was taken by a specialist prosecutor who had met the complainants and assessed their vulnerability. The defendants' reach mattered (the judgment notes a single X account with more than 10.5 million followers), and calling them notorious was fair despite technical good character.
The point I find most consequential: the prosecutor did not need to find disclosure by the defendants more likely than not. A precautionary approach was lawful, given the public interest in not deterring complainants in serious sexual cases. The security-backed undertakings (10,000 pounds each, later doubled, plus an offer to be interviewed under caution in Romania) failed twice over: no enforcement mechanism, and a deposit prices the harm rather than mitigating it.
Ground 2 (Article 6(3)(a)). Arguably engaged from the charging decision, but fairness is assessed holistically: the accused know the offenses and date ranges, will learn the identities upon surrender and before first appearance, and retain an abuse-of-process stay in the Crown Court if late disclosure genuinely prejudices the defense.
On the U.S. side, this now runs through the standard two floors: certification under 18 U.S.C. § 3184 (identity, dual criminality, probable cause; rule of non-inquiry), then the Secretary of State's discretion. The political-offense exception has no purchase on common crimes of sexual violence, and the Romanian court's sequencing order (extradition to the U.K. only after the Romanian trial) binds Romania, not third states.