Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_164
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 164
Character Range: 44024–45389

164  Quashing of conviction—person suffering from mental impairment

 (1) Subject to subsection (3), if, in an appeal against a conviction by a summary authority, it appears to the Australian Military Court that the summary authority should have found that the appellant, by reason of mental impairment, was not able to understand the proceedings against him or her and, accordingly, was unfit to stand trial, the Court must:
 (a) allow the appeal; and
 (b) quash the conviction; and
 (c) direct that the appellant be kept in strict custody until the pleasure of the Governor‑General is known.

 (2) Subject to subsection (3), if, in an appeal against a conviction by a summary authority, it appears to the Australian Military Court that, at the time of the act or omission to which the conviction relates, the appellant was suffering from such mental impairment as not to be responsible, in accordance with law, for that act or omission, the Court must:
 (a) allow the appeal and quash the conviction; and
 (b) substitute for the conviction an acquittal on the ground of mental impairment; and
 (c) direct that the appellant be kept in strict custody until the pleasure of the Governor‑General is known.

 (3) The Australian Military Court must not quash a conviction under this section if there are grounds for quashing the conviction under section 162 or 163.