A police file of evidence which allegedly proves that Kate McCann killed her daughter is expected to be handed to a public prosecutor in Portugal today.

Detectives believe they have now collected enough evidence for Mrs McCann to be charged with the homicide of Madeleine by failing to prevent her death. The charge is equivalent to manslaughter in British law. She would also face a charge of concealing a Madeleine’s body.

Officers were furious when a plan for Mrs McCann to be charged on Thursday last week was halted after her lawyer met with the Portugal’s Attorney General, it was claimed today.

A new file of evidence includes lengthy interviews with both Mrs McCann and her husband, Gerry, after they were made official suspects last week. It also includes details of forensic evidence collected in the McCann’s apartment and hire car and the results of surveillance by Portuguese and British police.

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Jose Cunha de Magalhaes e Meneses, the public prosecutor based in Portimao, will have to decide what, if any, charges should be brought against Mr and Mrs McCann. The couple can remain as official suspects for up to eight months.

Chief Inspector Olegario Sousa, spokesman for the Portuguese police inquiry, said: “At the moment the inquiry is being prepared to be handed to the prosecutor in charge of the case. He will analyse it and after this he will make his decision.”

Asked when the papers would be handed over, he said: “Probably during today.”

Portuguese police decided to pass the file on to the prosecutor despite not having all the results from forensic tests being carried out by the Forensic Science Service in Birmingham.

Mr Sousa said: “The information is that we have received part of the forensic results, so we are waiting for the rest."

The McCanns' Portuguese lawyer, Carlos Pinto de Abreu, has said he has no idea how long it would take for the case to be concluded. It is understood the McCanns could have to wait months before learning whether they will be charged or cleared.

If charged, the couple could be remanded in “preventative custody” by a judge while they await trial.

The McCann’s had previously insisted they would return to Portugal if requested by police but their decision to consult a British expert in extradition law has led to speculation that they may fight an extradition order.

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