McCanns as suspects
The Polícia Judiciária (PJ), on 6 September, officially interviewed Kate for a second time, at the police station in Portimão with the McCanns' Portuguese lawyer, Carlos Pinto de Abreu, present. The family’s spokeswoman Justine McGuinness said, "Kate will answer every question put to her – she has nothing to hide."[65] Pinto de Abreu made a formal application for the couple’s status to be changed from 'witness' to 'assistant' in the investigation. This is a technical move which would allow the McCanns to have more information about the progress of the investigation.[65] When Pinto de Abreu emerged with Kate from the police station in the early hours of 7 September, after more than 10 hours of questioning, he said Kate "was interviewed as a witness and she still remains a witness. The investigation is ongoing and we cannot say any more."[65]
Kate returned for further interview later on 7 September and was formally declared a suspect by the Portuguese police.[66] During this interview Kate used her right to remain silent.[67] After questioning, Kate was released from the police station just before 16:00 without being charged.[9] Gerry was interviewed at the same police station during the afternoon and evening of 7 September and afterwards Pinto de Abreu announced that Gerry had also been named as a formal suspect.[9][10] Before she became a suspect Kate said "The police don't want a murder in Portugal and all the publicity about them not having paedophile laws here, so they're blaming us," and Gerry said "We are being absolutely stitched up."[68] Pinto de Abreu said that claims by relatives that police had offered Kate a plea bargain if she admitted to accidentally killing her child were wrong and the result of "a misunderstanding".[69]
The UK Foreign Office is providing the McCanns with assistance.[70] Home Secretary Jacqui Smith said on 9 September "I am clear that the Portuguese police have the objective of solving this crime, and most importantly finding Madeleine, and that is what we in our support of the McCanns have tried to do as well."[71] The McCanns flew home on 9 September via Faro and East Midlands airports.[12]