164Quashing of prescribed acquittal etc.

164  Quashing of prescribed acquittal etc.  (1) Subject to subsection (4), where in a review it appears to the reviewing authority:  (a) that the prescribed acquittal is unreasonable, or cannot be supported, having regard to the evidence;  (b) that, as a result of a wrong decision on a question of law, or of mixed law and fact, the prescribed acquittal was wrong in law and that a substantial miscarriage of justice has occurred;  (c) that there was a material irregularity in the course of the proceedings and that a substantial miscarriage of justice has occurred; or  (d) that, in all the circumstances of the case, the prescribed acquittal is unsafe or unsatisfactory; the reviewing authority shall quash the prescribed acquittal.  (2) Subject to subsection (4), where in a review it appears to the reviewing authority that there is evidence that:  (a) was not reasonably available during the proceedings;  (b) is likely to be credible; and  (c) would have been admissible in the proceedings; the reviewing authority shall receive and consider that evidence and, if the reviewing authority considers that the prescribed acquittal cannot be supported having regard to that evidence, the reviewing authority shall quash the prescribed acquittal.  (3) Where in a review it appears to the reviewing authority that the service tribunal should have found that the person, by reason of unsoundness of mind, was unable to understand the proceedings against him or her and accordingly was unfit to stand trial, the reviewing authority shall quash the prescribed acquittal and direct that the person be kept in strict custody until the pleasure of the Governor‑General is known.  (4) A reviewing authority shall not quash a prescribed acquittal under subsection (1) or (2) if there are grounds for quashing the prescribed acquittal under subsection (3).