The Crown Prosecution Service (CPS) has discontinued its indecent assault case against Harvey Weinstein, saying “there is no longer a realistic prospect of conviction”.

The 72-year-old former Hollywood film producer was facing two criminal charges of alleged indecent assault against a woman, who is now aged in her 50s, in London in 1996.

On Thursday, Frank Ferguson, head of the CPS special crime and counter-terrorism division, said: “Following a review of the evidence in this case, the CPS has decided to discontinue criminal proceedings against Harvey Weinstein.

Animal Ball – London
Harvey Weinstein in currently in prison in the US after being convicted of unrelated charges (David Mirzoeff/PA)

“The CPS has a duty to keep all cases under continuous review and we have decided that there is no longer a realistic prospect of conviction.

“We have explained our decision to all parties.

“We would always encourage any potential victims of sexual assault to come forward and report to police and we will prosecute wherever our legal test is met.”

A statement from the Metropolitan Police at the time of the arrest said it had been alleged two offences were committed between July 31 and August 31 1996.

The alleged victim, a woman, is now aged in her 50s.

Juda Engelmayer, a spokesperson for Weinstein, told the PA news agency: “We are grateful for the decision and to know that in some parts of Western society justice is indeed still blind.

“Mr Weinstein is appreciative towards those who worked hard to come to this conclusion and is deeply saddened that any of his actions may have caused anyone difficulty.

“He hopes that other jurisdictions can find their way clear to distinguish the difference between disappointment, sadness, regret and illegal, criminal behaviour. Harvey believes in his heart that he never crossed those lines.”

Weinstein is serving a prison sentence in the United States following a rape and sexual misconduct conviction in Los Angeles related to an incident in 2013 where he appeared uninvited in a woman’s hotel room during a Los Angeles film festival.

He was sentenced to 16 years’ prison in February 2023.

Burberry Prorsum Arrivals – London Fashion Week 2014
In July, Harvey Weinstein was treated in hospital after being diagnosed with pneumonia and Covid-19 (Ian West/PA)

He is currently in custody in New York’s Rikers Island jail complex while awaiting a retrial in Manhattan after a 2020 conviction for rape was overturned earlier this year in a majority decision from the Court of Appeal in New York.

The decision cited “the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes” which was “an abuse of judicial discretion”.

In July, Weinstein was treated in hospital after being diagnosed with pneumonia in both lungs, and Covid-19.

In 2020, the producer of hit movies including Pulp Fiction, The English Patient, Good Will Hunting, Gangs Of New York and Shakespeare In Love was stripped of his honorary CBE awarded for his contribution to the British film industry.