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for the purpose of carrying into effect this Schedule, so far as relates to appeals and applications to the Court of Criminal Appeal.

6. This Part of this Schedule shall extend to England and Wales only, but references therein to a previous or later conviction include a conviction in Scotland.

7.—(1) Under an indictment which charges capital murder the person accused may be found not guilty of capital murder but may be convicted 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.

8.—(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) notice has been served on him with the indictment that it is intended to place before the Court such a previous conviction; and
 * (b) before he is sentenced, his previous conviction of the other murder is held or proved to apply to him and the fact that the murder was so done is held to be admitted by him or proved:

Provided that head (a) of this sub-paragraph shall not apply where he is convicted of both murders at the same sitting of the High Court of Justiciary.

(2) The provisions of section thirty-nine of the Criminal Justice (Scotland) Act, 1949 (which relates to previous convictions in proceedings on indictment) shall have effect for the purposes of this paragraph with regard to a previous conviction of murder as they have effect with regard to a previous conviction constituting an aggravation of any charge contained in an indictment, subject, however, to the modifications that references to a previous conviction and to objecting to a previous conviction shall include references to the fact that the murder was so done, and to denying such fact, and that any reference to a conviction being held to apply to the accused shall include a reference to any such fact being held to be admitted by him.

(3) Where a person is sentenced to death by virtue of the previous conviction and the fact that the murders were done in Great Britain on different occasions having been proved, he shall have the like right of 10