Comedienne Jo Brand is at the centre of a police investigation over quips she made on the comedy programme that temporarily replaced Jonathan Ross's TV chat show.

A senior producer on the Friday night Live At The Apollo show has been questioned by the Metropolitan Police about the incident.

Outspoken: Jo Brand's remark on the BNP party was cheered by the Hammersmith Apollo audience. The remarks concerned the leaking of the British National Party's membership list. Brand joked that as a result of the list becoming public knowledge on the internet, she now knew the addresses where to send the ‘poo' through the post.

Brand's routine was a hit with the live audience, who laughed and cheered at her remarks. However, the joke, which was broadcast on the late-night BBC1 show from Hammersmith Apollo on January 16, offended members of the BNP.

The following day, Simon Darby, the BNP's deputy leader, made an official complaint to Hammersmith police alleging that Brand's comment had been an act of incitement to cause racial harassment. Further complaints from the BNP followed, to the BBC and the police, and a formal review was launched two weeks ago.

A police spokesman last night confirmed: We have received a complaint and officers will be reviewing the programme to see if any offences have occurred.

But a senior police source said: It is an absurd case and very unlikely to get to court. A lot of police time and money appears to have been wasted investigating what for all intents and purposes is just a TV show joke.

A file was sent to the Crown Prosecution Service (CPS) last week to determine if there is enough evidence for a successful prosecution to be made against Miss Brand or the BBC. A decision will be made by the CPS in the next few days.

A BBC spokesman said last night: We do not comment on police matters. However, we believe the audience would have understood the satirical nature of the remarks.

Comedienne Jo Brand will not be prosecuted over her remarks about the British National Party during a BBC comedy programme.

Referring to the leaking of the BNP's membership on to the internet, Brand told the asudience at the Hammersmith Apollo: Hurrah. Now we know who to send the poo to.

Following complaints from the BNP, Brand was investigated for allegedly committing an act of incitement to cause racial harassment but the Crown Prosecution Service said yesterday: We have advised the police to take no further action.'