Andrew and Tristan Tate are seeking to challenge a decision by the Crown Prosecution Service (CPS) to withhold from them the identities of individuals who have made criminal complaints against the brothers in the UK.
At a hearing at the Royal Courts of Justice, their barrister argued the decision to withhold the names was “flawed”, and said they had “been treated differently from other suspects or defendants”.
But the CPS’s lawyer said withholding the identities was a “time-limited decision” until “proceedings commence substantively” in the UK.
Andrew Tate, 39, and Tristan Tate, 37, will face 21 charges in the UK, including rape and human trafficking, after they are extradited from Romania.
Bedfordshire Police secured European arrest warrants for the pair in 2024 but they will only be returned to the UK once criminal proceedings against them in Romania have concluded.
The Tate brothers have previously denied any wrongdoing and are seeking a judicial review to overturn the decision not to provide them with the names of their UK-based accusers.
Their lawyer, Sallie Bennett-Jenkins, said in written submissions that the CPS had assumed the pair would identify the complainants on social media and cause them to withdraw from proceedings, but that this was an “inflated assumption of risk”.
She continued: “The controversial opinions of the claimants are not a proper basis for denying them basic information about the criminal allegations they face.”
Bennett-Jenkins also said the lack of information provided to the Tates limited the ability of the brothers to identify evidence in their defence, or to assess its reliability ahead of any future trial.
Tom Little, who was representing the CPS and the Chief Constable of Bedfordshire Police, told the court on Tuesday that the claimants will be given sufficient time to prepare for trial when they come to the UK.
In a written submission, he said not disclosing the names at this stage was a “time-limited decision” until “proceedings commence substantively” in the UK.
He also said the decision was “being kept under review” and that it was not within the court’s remit to rule on.
On Tuesday, the court heard that the brothers, who are citizens of both the UK and the US, are currently in Romania and subject to Romanian judicial control.
The court was told they had offered to be interviewed by British authorities under caution in Bucharest with the agreement of the Romanian authorities, but the CPS rejected the offer.
In May 2025, prosecutors confirmed the full list of 21 charges the Tate brothers will face when they are returned to the UK, which are alleged to have taken place between 2012 and 2016.
The CPS said at the time that it had authorised the charges against the brothers in 2024, before an extradition warrant was issued to bring them back from Romania.
The charging decision came after it received a file of evidence from Bedfordshire Police about allegations made in the UK.
Mr Justice Chamberlain was expected to rule on the Tate brothers’ application to seek permission for a judicial review later this week.
