Kate McCann, the mother of missing four-year-old Madeleine McCann, has been given ‘arguida’ status by Portuguese police investigating the disappearance of her daughter.

What is an arguido?

Arguido translates from Portuguese as ‘named suspect’ or ‘formal suspect’. It is a person who is being treated by Portuguese police as more than a witness, but has not been arrested or charged. Either the person or the police can declare the person a suspect.

What does it mean?

Under Portuguese law, an arguido - or arguida in the case of Mrs McCann, because she is a woman - has legal protection which is not extended to a witness. This includes the right to remain silent during questioning and the right to legal representation.

Why are people declared arguido?

Often people who are involved in criminal investigations in Portugal declare themselves arguidos to receive this protection. They do it if they feel the line of questioning implies that they are a suspect.

Police must also declare a person arguido if they want to put certain lines of questions, which can imply they are a suspect. This gives the person more legal protection.

Normally it occurs at the end of an investigation, if a person is being accused of being the perpetrator of a crime.

Is it like being arrested in Britain where many people can be arrested but only one person charged?

There is no direct equivalent in British law despite the fact the person is declared a ‘suspect’. In Britain, the nearest would be when police say ‘a person of interest to the inquiry’. Portuguese police are more cautious about expecting arrests or charges will follow.

The British expat, Robert Murat, was declared an arguido in the Madeleine case in May, but he has not been charged.

What action can be taken against an arguido?

Under Portuguese law, a person must be declared an arguido before they are arrested or charged with any criminal offence. Arrests or charges can only be made when there is sufficient evidence.

However, the police can place restrictions on the movements of arguidos. They may be ordered not to leave the country or have to report to police stations.

In the case of Mrs McCann, this will stop her returning to Britain with her family as she had planned this Sunday. She may have to stay at a given address and sign an identity and residence statement.

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