(1) A murder committed in circumstances other than any of those circumstances referred to in section 86, is non- capital murder.
(2) Subject to subsection (3), a person convicted on indictment of non-capital murder is liable to imprisonment for life.
(3) A person who is convicted of a non-capital murder may be sentenced to death if—
(a) he or she has previously been convicted of another murder committed on a different occasion;
(b) he or she has been convicted of another murder committed on the same occasion as the one with which he or she is charged.
(4) A person referred to in subsection (3) shall not, by virtue of that subsection, be sentenced to death by reason of a previous conviction for murder unless—
(a) at least 7 days before the trial, notice is given to him or her that it is intended to prove the previous conviction; and
(b) before he or she is sentenced, his or her previous conviction for murder is admitted by him or her, or is found to be proven by the trial judge.