P‘s S48 is due to end soon, and the RC has completed a S3 recommendation and requested a MHA asst while the S48 is still running. Would it be lawful to have S48 and S3 run concurrently?
Not a solicitor so wait to hear from others but my best reply is that after final sentencing the direction will cease to have effect ( it ends) and is followed by prison or detention under Section 37 or Section 37/41. I don’t understand why an application for s3 would be made, or that it could run concurrently, no.
My understanding is that the s 3 application is not intended to run concurrently, but that the paperwork is prepared in case the criminal case collapses, which would mean the ss.48/49 would lapse and there would no longer be any power to continue to hold and treat a patient who needed it.
Others may be able to add to this from their own experiences.
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Similar discussion here
Thank you, I did not consider that!
My understanding is that both can run concurrently. If the patient is unwell and detention in hospital under the Act is necessary, section 3 can be considered if there are high chances of the charges being dropped in which case the patient’s 48/49 will cease to exist and hence will become informal.
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R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201
“Part II (civil) and Part III (criminal) powers can co-exist and operate independently of each other.”
Thank you so much everybody. Extremely helpful!
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I am not sure the patient can be placed on Section 3 whilst on 48/49. Section 3 med recommendations are completed as contingency plan in case pt is acquitted. The AMHP would then sign the application and send to court to allow patient to be transferred to Hospital under Section 3. Please have a look at "Jones 23rd Edition of Mental Health Act Manual [Paragraph 1-711 and 1-712