Page:Homicide Act 1957 (UKPGA Eliz2-5-6-11 qp).pdf/10

Rh SCHEDULES FIRST SCHEDULE

1.—(1) On an indictment charging a person with capital murder, he may be found not guilty of capital murder but guilty of murder.

(2) Capital murder shall be treated as a distinct offence from murder for the purposes of any appeal against conviction; but where on an appeal against conviction of capital murder the court substitute a verdict of guilty of murder for the verdict of guilty of capital murder, the court shall nevertheless confirm the sentence of death if the sentence is warranted by section six of this Act.

(3) Subject to the foregoing sub-paragraphs, capital murder shall not be treated as a different offence from murder for any purpose.

2.—(1) Where a person is convicted of murder, he shall not by virtue of section six of this Act be sentenced to death by reason of a previous conviction of another murder done in Great Britain on a different occasion, unless—
 * (a) at least three days before the trial notice is given to him and to the clerk of assize that it is intended to prove the previous conviction; and
 * (b) before he is sentenced, his previous conviction of the other murder, and the fact that the murders were done in Great Britain on different occasions, are admitted by him or found by the verdict of a jury:

Provided that head (a) of this sub-paragraph shall not apply where he is convicted of both murders at the same assizes (or before the same court of assize held by virtue of a special commission).

(2) The said jury shall be the trial jury, that is to say the jury to whom he was given in charge to be tried for the murder for which the sentence is in question, and the members of the jury need not be re-sworn:

Provided that—
 * (a) if any member of the trial jury, either before or after the conviction, dies or is discharged by the court as being through illness incapable of continuing to act or for any other cause, the inquiry under this paragraph shall proceed without him; and
 * (b) where there is no trial jury, a jury shall be constituted as if to try whether or not he was fit to plead, and shall be sworn in such manner as the court may direct.

(3) Where a person is sentenced to death by virtue of a verdict given by a jury in proceedings under this paragraph, he shall have the like right of appeal under the Criminal Appeal Act, 1907, against the 8