Cap. 220 ст. 117Right of appeal.

(1) Subject to the provisions of this Act, a person convicted by court-martial may appeal to the Appeal Court against his conviction or, except where the sentence is one fixed by law, against the sentence passed on his conviction.

(2) Subject as aforesaid, the person’s right of appeal shall not be exercisable -

(a) unless such person has

(i) within forty days next following the day on which the finding of the court-martial was promulgated, if the court-martial was held in Malta; or

(ii) in any other case, within sixty days next following the day on which the finding of the court was promulgated, presented a petition against finding or sentence or both in accordance with article 109; and

(b) until either the period of thirty days (beginning with the day on which the petition is presented) expires or he is notified by the Commander that the petition has not been granted, whichever event first occurs.

(3) If a person presents a petition for the purposes of sub-article (2)(a), but fails to do so within the period therein specified, and subsequently applies to the Appeal Court for leave to appeal, the Appeal Court may direct that he be treated as not having thereby lost his right of appeal if it is of the opinion that there is a reasonable explanation of the failure and that it is in the interests of justice that he should be so treated.