3.—(1) Where a person is accused of murder which is alleged to be capital murder, he shall be charged with capital murder in the indictment.

(2) A person indicted for capital murder may, if the evidence does not warrant a conviction for capital murder but warrants a conviction for murder, be found not guilty of capital murder but guilty of murder and, if the evidence does not warrant a conviction for murder but warrants a conviction for manslaughter, be found not guilty of capital murder but guilty of manslaughter.

(3) Capital murder shall be treated as a distinct offence from murder for the purposes of an appeal against conviction.

(4) On appeal against a conviction for capital murder the court may substitute a verdict of guilty of murder or guilty of manslaughter for the verdict of guilty of capital murder.

(5) Subject to the foregoing subsections, capital murder shall not be treated as a distinct offence from murder for any purpose.