An applicant who is aware of the existence and enduring nature of a pecuniary penalty order on multiple occasions during imprisonment and after release, and who delays more than two and a half years before seeking to appeal, will not have the delay adequately explained by evidence of being overwhelmed by imprisonment. The fact that a PPO is made against a bankrupt person does not render it futile, as the bankruptcy will eventually be discharged and the PPO's enduring nature means the obligation can then be fulfilled.
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