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McCann files to be given to judge McCann files to be given to judge
(40 minutes later)
Portuguese prosecutors are to hand to a judge the files on missing four-year-old Madeleine McCann.Portuguese prosecutors are to hand to a judge the files on missing four-year-old Madeleine McCann.
Madeleine's parents - who have been named as suspects - are now waiting to hear what action will be taken.Madeleine's parents - who have been named as suspects - are now waiting to hear what action will be taken.
BBC reporter Caroline Hawley said the options available to the judge included ordering more search warrants and changing the McCanns' "arguido" status.BBC reporter Caroline Hawley said the options available to the judge included ordering more search warrants and changing the McCanns' "arguido" status.
It had been thought the prosecutor would take longer to study the files, our correspondent said.It had been thought the prosecutor would take longer to study the files, our correspondent said.
On Monday, police gave their files to the Algarve-based prosecutor, Jose Cunha de Magalhaes e Meneses, for him to decide whether to bring charges against Kate and Gerry McCann. On Monday, police gave their files to the Algarve-based prosecutor, Jose Cunha de Magalhaes e Meneses, for him to decide how to proceed with the case.
Speaking outside the prosecutor's office in Portimao on Tuesday, Luisa Duarte said Mr Cunha de Magalhaes e Meneses had received the papers and decided they should go before an instructional judge. Independent criminal lawyer Dr Joao Oliveira Trindade told the BBC that the prosecutor could recommend charging Kate and Gerry McCann or could make another request such as imposing restrictions on their movements.
Speaking outside the prosecutor's office in Portimao on Tuesday, assistant Luisa Duarte said Mr Cunha de Magalhaes e Meneses had received the papers and decided they should go before an instructional judge.
The judge has 10 days to make a decision on the files' contents.The judge has 10 days to make a decision on the files' contents.
DNA evidenceDNA evidence
Portuguese police are playing down reports that DNA evidence with a 100% match to Madeleine was found in her parents' hire car.Portuguese police are playing down reports that DNA evidence with a 100% match to Madeleine was found in her parents' hire car.
The national director of the force handling the investigation said test results did not provide the same precision as had been reported.
Alipio Ribeiro, national director of the investigative Policia Judiciaria (PJ), told Portuguese state broadcaster RTP: "We can't say with certainty whether it was the blood of person A or person B.Alipio Ribeiro, national director of the investigative Policia Judiciaria (PJ), told Portuguese state broadcaster RTP: "We can't say with certainty whether it was the blood of person A or person B.
"They help guide us in our investigation but not with the mathematical precision some people are saying.""They help guide us in our investigation but not with the mathematical precision some people are saying."
Unending nightmare ARGUIDO/ARGUIDA STATUS Officially a suspectBestowed by police or requested by individualRight to remain silentRight to a lawyer class="" href="/1/hi/world/europe/6988473.stm">Prosecutor's legal options
The McCanns are back at their home in Rothley in Leicestershire where Mr McCann has described the events of the past week as an "unending nightmare".The McCanns are back at their home in Rothley in Leicestershire where Mr McCann has described the events of the past week as an "unending nightmare".
In his blog, Mr McCann said he and his wife had absolute confidence that when all the facts were presented they would be able to show that "we played no part in Madeleine's abduction".In his blog, Mr McCann said he and his wife had absolute confidence that when all the facts were presented they would be able to show that "we played no part in Madeleine's abduction".
The couple, both 39, were declared formal suspects last week.The couple, both 39, were declared formal suspects last week.
ARGUIDO/ARGUIDA STATUS Officially a suspectBestowed by police or requested by individualRight to remain silentRight to a lawyer class="" href="/1/hi/world/europe/6988473.stm">Prosecutor's legal options Madeleine's aunt, Philomena McCann, said the handing over of the files to the judge "was expected".
"It doesn't change a thing," she said. "We will have to wait and see if they are bringing charges or not.
"If they bring charges against Kate and Gerry that will give them a chance to clear their name."
Social services
Madeleine, who was three at the time she disappeared, was reported missing from the McCanns' apartment in Praia da Luz, in the Algarve, on 3 May.Madeleine, who was three at the time she disappeared, was reported missing from the McCanns' apartment in Praia da Luz, in the Algarve, on 3 May.
The McCanns returned home to the UK on Sunday with their two-year-old twins, Sean and Amelie.The McCanns returned home to the UK on Sunday with their two-year-old twins, Sean and Amelie.
The BBC's Richard Bilton said cleaners had visited their rented villa in Praia da Luz but there had been no police activity.
He said the forensic case centred on the McCann's car, hired from the Budget rental chain on 27 May.
Madeleine McCann's fourth birthday was just after she went missingMadeleine McCann's fourth birthday was just after she went missing
On Monday, police and social services in Leicestershire met to discuss the implications for the family of the developments in the case. The following day, police and social services in Leicestershire met to discuss the implications for the family of the developments in the case.
No bail conditions, travel restrictions or charges have been imposed on the McCanns, who were questioned separately for more than 24 hours last week. And on Tuesday, the McCanns were visited at home by Leicestershire Police's head of criminal investigations, Detective Chief Superintendent Bob Small.
But the couple can be recalled to Portugal with five days' notice. No bail conditions, travel restrictions or charges have been imposed on the couple, who were questioned separately for more than 24 hours last week.
Options But they can be recalled to Portugal with five days' notice.
Independent criminal lawyer Dr Joao Oliveira Trindade told the BBC that the prosecutor had several options. Sniffer dogs
He could recommend that the investigation should continue, he could choose to charge the McCanns with a crime or he could place some restrictions on their movements, Dr Trindade said. The BBC's Richard Bilton said cleaners had visited the McCanns' rented villa in Praia da Luz since their departure, but there had been no police activity.
He said the forensic case centred on the McCann's car, hired from the Budget rental chain on 27 May.
The media has swamped the village of RothleyThe media has swamped the village of Rothley
But to do the latter, Dr Trindade added, the prosecutor would have to decide on the type of crime he believed had been committed - specifically whether it was a "homicide", and if so, whether it was intentional or unintentional.
The McCanns' hire car, which they acquired more than three weeks after she was last seen, was searched by sniffer dogs from Britain in early August.The McCanns' hire car, which they acquired more than three weeks after she was last seen, was searched by sniffer dogs from Britain in early August.
Last week, according to her family, detectives put to Mrs McCann the suggestion that her daughter's blood had been found inside the car.Last week, according to her family, detectives put to Mrs McCann the suggestion that her daughter's blood had been found inside the car.
Forensic investigator Professor David Barclay, who specialises in cold cases, said if blood had been found in the couple's hire car it could conceivably have been from their twins.Forensic investigator Professor David Barclay, who specialises in cold cases, said if blood had been found in the couple's hire car it could conceivably have been from their twins.
He told BBC East Midlands Today that siblings can share as many as 15 out of 20 DNA indicators.He told BBC East Midlands Today that siblings can share as many as 15 out of 20 DNA indicators.
Portuguese lawyer, Artur Rego, said that to recommend charges, the prosecutor would have to provide the judge with a formal report laying out the accusation, the evidence and the motive.
The judge must then decide whether there is enough evidence to proceed.