Are authorities moving towards charging the McCanns?

The latest developments in the Madeleine McCann case appear routine, but they suggest the Portuguese authorities may be moving closer to charging her parents.

Police formally handed their dossier of evidence against Kate and Gerry McCann to Algarve public prosecutor Jose Cunha de Magalhaes e Meneses yesterday.

The prosecutor then announced he was sending the file straight to a criminal instructional judge.

This may not be very significant – he may simply want to carry out fresh searches or conduct further interviews.

But it could indicate that Mr Cunha de Magalhaes e Meneses wants to impose stricter bail conditions on the McCanns, who at present are only subject to the minimum “TIR” – term of identity and residence – restrictions.

These are automatically applied to an “arguido”, or formal suspect, under Portuguese law, and require them to give police their address and notify officers if they are away from home for more than five days.

This is why the McCanns were able to return to Rothley, Leicestershire, with their two-year-old twins, Sean and Amelie, on Sunday.

It is also possible that the prosecutor believes the evidence amassed by police is strong enough to warrant charges, although one Portuguese lawyer said this would be unusual.

“It wouldn’t be normal unless he had already prepared the case,” Artur Rego said.

In order to bring charges, the prosecutor would have to produce a formal report for the judge laying out the accusation, the evidence and the motive.

Then the judge can make the charges public and subpoena the accused.

Whatever the prosecutor’s request is, the judge has 10 days to decide whether or not to agree to it.

Now police have handed over the papers, the prosecutor has three main options - he could bring charges, rule that no action should be taken, or send the papers back to police requesting more evidence.

The judge has up to eight months to decide whether to charge Mr and Mrs McCann now they are arguidos.

Asked on GMTV today whether she was happy with the way the case has been conducted, Home Secretary Jacqui Smith said: “I said on Sunday that the priority here is that everybody needs to do everything they can to find Madeleine.

“I think uninformed speculation is not going to help, so I am not going to engage in it.”

She added: “What is important is that we find Madeleine and that is the priority. There is lots of, as I say, speculation, from lots of people who don’t know what is going on.

“That is not going to help to find Madeleine and I am not going to be involved in it.”