of compensation. If the person concerned has died, his or her personal representative may submit an application. 213. The final decision on whether compensation under the section is due rests with the Secretary of State (subject to review by the courts), who will consider whether the overturning of the conviction was due to a new or newly discovered fact showing beyond reasonable doubt that there had been a miscarriage of justice, and whether the non-disclosure of the fact was not attributable to the person concerned. If the Secretary of State considers CCPR/C/58/Add.6 page 49 that payment is due under the section, the amount will be determined by an independent assessor. The Secretary of State has undertaken to pay whatever sum the assessor recommends. Reasonable legal costs incurred by the applicant will be met. Right of silence 214. In Northern Ireland, the Criminal Evidence (Northern Ireland) Order 1988 enables courts to draw whatever inferences would be proper from the fact that an accused remained silent in four situations: (a) The "ambush" defence, where having remained silent during police questioning the accused offers an explanation of his conduct for the first time at his trial when he might reasonably have been expected to offer it when being questioned; (b) Where the prosecution has established that there is a case to answer, and the accused is warned that he will be called to give evidence and that if he should refuse to do so the court may draw such inferences as would appear proper; (c) Where the accused fails or refuses to explain to the police certain specified facts such as substances or marks on his clothing; (d) Where an accused fails or refuses to account to the police for his presence at a particular place. 215. The measures do not remove an accused person's right of silence, and 
**Analysis**
This text appears to be related to the legal system and the process of seeking compensation for miscarriages of justice, which suggests a strong connection to the area of justice and law. Additionally, the text mentions specific laws and regulations, such as the Criminal Evidence (Northern Ireland) Order 1988, which further supports this hypothesis.

**Category**
Justice, Law