The private prosecution was started at Gateshead Magistrates' Court in July by Emily Mapfuwa.

She alleged that an offence of outraging public decency had been committed by the exhibiting of a statue of Jesus Christ with an oversized erection at Baltic on Gateshead Quays.

But today CPS Northumbria, the regional branch of the Crown Prosecution Service, announced it has dropped the case.

Chief Crown Prosecutor Nicola Reasbeck said: "We recognise the right to bring a private prosecution, and we do not take over a case unless there is a good reason to do so.

"Under the Prosecution of Offences Act 1985, which set up the CPS, we have the right to take over a private prosecution and prosecute it ourselves, take it over and stop the case, or allow the private prosecution to continue.

"It is necessary to construe the offence of outraging public decency in a way that is compatible with the right of freedom of expression under Article 10 of the European Convention on Human Rights.

"Having considered the evidence in this case with great care, we are satisfied that there is no case to answer.

"We have taken into account all the circumstances, including the fact that there was no public disorder relating to the exhibition and that there was a warning at the entrance to the gallery about the nature of the work on display. The case has therefore been discontinued."