In Queensland’s criminal justice system, the term “No Evidence to Offer” (NETO) refers to a decision by the prosecution (QLD Police) to discontinue a case against a defendant by choosing not to present evidence at the hearing or trial. When this occurs, the charges against the defendant are effectively dismissed, and the case does not proceed further.

NETO” is a procedural step that allows prosecutors to formally discontinue a case. It signifies that the prosecution has decided not to pursue the matter for various reasons, which can include:

  • Insufficient evidence to prove the charges beyond a reasonable doubt.
  • Key witnesses being unavailable or unwilling to testify.
  • Evidentiary issues, such as evidence being ruled inadmissible.
  • Public interest considerations, where continuing the prosecution may not serve justice.

When a prosecutor announces, “No Evidence to Offer,” the court will record that no evidence has been presented. Consequently, the charges are dismissed, and the defendant is discharged.

When NETO is Used:

Prosecutors may decide to offer no evidence at any stage of the proceedings, including:

  • Before a Committal Hearing: If a review of the evidence indicates there is no reasonable prospect of a conviction.
  • At Trial: If new information arises or evidence is deemed inadmissible, leaving the case untenable.
  • During Pre-Trial Conferences: When a plea agreement is reached, and certain charges are dropped as part of the resolution.

 

Legal Framework and Implications

The authority to discontinue proceedings by offering no evidence is governed by the Justices Act 1886 (Qld) and the Criminal Code Act 1899 (Qld). This discretion is exercised by the Director of Public Prosecutions (DPP) or police prosecutors in Magistrates Courts.

Recent Examples in Queensland

The use of NETO has been highlighted in several cases, particularly in complex matters where evidence falls short during pre-trial reviews. For example:

  1. Domestic Violence Cases: Prosecutions are sometimes discontinued if complainants withdraw support for the case or if critical evidence is lacking.
  2. Traffic Offenses: NETO is common in traffic matters where procedural errors, such as incorrect filing of charges, render the case unsustainable.
  3. Criminal Case: Charges are usually withdrawn where submissions are sent by defence lawyers pointing out deficiencies in the case.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.