The most senior figure in the government was first made aware of the possibility of new charges against the suspect in the Southport murder in recent weeks, the BBC has revealed.
Axel Rudakubana, 18 – accused of killing three girls in Southport – is facing two other charges, including one in an act of terrorism.
Both Conservative leadership candidates said the government had questions to answer about the new allegations, with Robert Jenrick suggesting the information was being “hidden” from the public.
The prime minister’s spokesman said it was “untrue” to say the government had been complicit in withholding facts from the public.
Police said it was “definitely not the case” that they were keeping things from the public. It would be unusual for him to release details of the police investigation immediately.
The CPS said it would take time to establish the charges as it was a “long and complex investigation”.
On Tuesday, Rudakubana was charged with the production of biological poison contrary to Section 1 of the Biological Weapons Act 1974.
He was also charged with possessing a PDF document of a type that could be useful to a person committing or preparing an act of terrorism, contrary to Section 58 of the Terrorism Act 2000.
Counter Terrorism Police are currently not treating the Southport attack itself as a terrorist incident.
The teenager has been charged with the murders of six-year-old Bebe King, seven-year-old Elsie Dot Stancombe, and nine-year-old Alice Dasilva Aguiar, who died at a Taylor Swift-themed dance class on July 29.
To charge someone under the Biological Weapons Act, the Crown Prosecution Service must seek the consent of the government’s legal officer – the attorney-general or solicitor-general.
The BBC has been told that in this case, consent was sought in the past few weeks, and granted “on the day”.
The teenager appeared at Westminster Magistrates Court via video link on Wednesday morning.
He did not answer questions, such as confirming his name, and sat holding his sweater under his face.
He was due to appear in court in Liverpool for a pre-trial preparation hearing on Friday, October 25, but it was adjourned so that all charges could be dealt with together.
The charging decision and its timing were a matter for the CPS, a government spokesman said.
It comes after both Conservative leadership candidates questioned the new allegations.
Robert Jenrick suggested that the information was “hidden” from the public.
“We were told for months that this was not a terror-related incident, but we know that this individual, the suspect, is accused of reading al-Qaeda manuals and having access to dangerous substances like ricin,” he said.
“According to the scale of public interest, I think this is an important question to be asked, why is this information not put in the public domain sooner? So I ask the public authorities and the prime minister, what they know, when Did they learn, and why the decision it is not done to be honest and transparent with the public.”
Meanwhile, Kemi Badenoch suggested there were “serious questions to be asked of the police, the CPS and also Keir Starmer’s response”.
He has not clarified what the question is, suggesting it should be asked in Parliament.
Jonathan Hall KC, who independently reviews terrorism legislation, said the investigation was possible because so much information would be sorted on the suspect’s device.
“(The police) will sweep the device, which is often a source of golden evidence, to find out whether there is a cause of terror or not … encrypted,” he told BBC Radio 4’s Today programme.
The Southport attack is not being treated as a terrorist incident.
Possession of documents that may be useful in the preparation of an act of terrorism is a separate offense.
To be labeled as terrorism, the attack must be an attempt to advance a political, religious, racial or ideological cause. But it’s not clear what the motivations might be.
Authorities have asked people not to speculate, as it could jeopardize the entire court case.
Home Secretary Yvette Cooper said: “These extra costs will certainly be hard on people in Southport.
“The most important thing is to get justice for Bebe, Alice and Elsie and their heartbroken families, and all those affected by the attack, and no one should be put at risk.
“Police and prosecutors have an important task to investigate, to use all means and to take the necessary measures before the trial.
“We have to support and make sure that everything is done to give justice.”