Article 185

If a notice of appeal or a memorandum of appeal is filed out of time, the court shall refuse to accept it and shall require the person submitting such notice or memorandum to apply in writing to the court of appeal for leave to appeal out of time.

The application shall state clearly the reasons why the appeal should be heard out of time, including the appearance of any substantial miscarriage of justice that emerged following final judgment in the matter and the reasons that occasioned the delay in bringing the appeal.

The court shall not give leave to appeal out of time unless it is satisfied, after hearing the parties, that the delay was not occasioned by the applicant’s intent or negligence.

Where leave to appeal out of time is given the court of appeal shall fix the date by which the memorandum of appeal is to be filed.

Any paper or document submitted by an appellant in custody to the Prison Administrator of the prison in which he is held shall be deemed to have been filed on the date that such paper or document was submitted to the Prison Administrator.