Indeed they are different. Here it is unthinkable that the jury should have any say in the sentencing; the only exception was that, if a jury thought there were mitigating factors when murder was still a capital offence, they could add a "recommendation to mercy" to a Guilty verdict. Even then, the judge was not allowed to take it into account, but required to pass a mandatory sentence of death; but he could bring it to the attention of any Appeal Court, and of the Home Secretary, who was required to confirm any death sentence, and was empowered to recommend a reprieve to the King or Queen ~~ which, notionally, could only be granted by the Sovereign him/herself.