Criminal charges being considered over Kate Middleton hoax call

The disc jockeys from an Australian radio station, who made a hoax call to a hospital treating pregnant Duchess Kate, could face criminal prosecution in Britain after police passed a file to the Crown Prosecution Service.

Scotland Yard has been investigating the circumstances that led up to the apparent suicide of Indian-origin nurse Jacintha Saldanha, a nurse at the King Edward VII Hospital, after she answered a phone call from the two DJs pretending to be members of the Royal Family.

Detectives have passed a file to the Crown Prosecution Service (CPS) to review whether “any potential offences may have been committed by making the hoax call”.

While it has not been disclosed what possible offences Scotland Yard have been pursuing, detectives are thought to have examined whether the DJs from 2Day FM radio station in Sydney, Mel Greig and Michael Christian, breached the Data Protection Act, which is punishable by a fine rather than imprisonment - up to a 5,000 pounds fine in the magistrates’ court or an unlimited fine in the Crown court.

According to the legislation, it is an offence to knowingly or recklessly obtain or disclose personal data or the information contained in personal data, the Telegraph reported.

It is unclear whether the DJs could face extradition from Australia to Britain if the CPS decides there is a reasonable chance of securing a conviction in the courts.

The Data Protection Act offence is punishable by a fine rather than imprisonment - up to a £5,000 fine in the magistrates’ court or an unlimited fine in the Crown court.

Mother of two Saldanha was found dead in staff accommodation at the hospital where the Duchess, 30, had been treated for acute morning sickness.

The nurse had answered the telephone at the hospital in Marylebone, central London, and the two presenters convinced her they were the Queen and the Prince of Wales, after which she transferred the call to another nurse who unwittingly gave the DJs an update on the Duchess’ condition.

Three days later the nurse was found hanging and had left three suicide notes, her inquest revealed.

It has also been revealed that she wrote in one of three suicide notes that she expressed “deep anger” against the DJs and held them responsible for her death.