# Can s48/49 and s3 run concurrently? **URL:** \ **Category:** Mental Health Act\ **Created:** [5 January 2025 19:32 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067 "2025-01-05T19:32:42Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Karin.slack](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/a183cd/32.png) [@Karin.slack](https://forum.mentalhealthlaw.co.uk/u/Karin.slack)\ **Post date:** [5 January 2025 19:32 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/1 "2025-01-05T19:32:42Z")
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? ---
**Author:** ![Heidi](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/bb73d2/32.png) [@Heidi](https://forum.mentalhealthlaw.co.uk/u/Heidi)\ **Post date:** [5 January 2025 20:01 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/2 "2025-01-05T20:01:54Z")
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. ---
**Author:** ![Sifo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ba9def/32.png) [@Sifo](https://forum.mentalhealthlaw.co.uk/u/Sifo)\ **Post date:** [5 January 2025 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/3 "2025-01-05T20:18:05Z")
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. ---
**Author:** ![Heidi](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/bb73d2/32.png) [@Heidi](https://forum.mentalhealthlaw.co.uk/u/Heidi)\ **Post date:** [5 January 2025 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/4 "2025-01-05T20:32:36Z")
Similar discussion here > [@S37/41 and S3 running concurrently](https://forum.mentalhealthlaw.co.uk/t/s37-41-and-s3-running-concurrently/2445): > > Scenario is as follows: 1 - P was placed on S37/41. Hospital A became aware that P’s case could be remitted, so they placed P on S3. HMs then lifted the S3 on the grounds that P could still be treated under S37/41 as it remained in place at the time. 2- P was transferred to hospital B. P’s case was remitted and hospital B placed him under S3 in the event the S37/41 was quashed and it was 2 months after the S3 commenced. P was bailed to hospital B and remains detained under S3. Was the S3 vali… ---
**Author:** ![Heidi](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/bb73d2/32.png) [@Heidi](https://forum.mentalhealthlaw.co.uk/u/Heidi)\ **Post date:** [5 January 2025 20:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/5 "2025-01-05T20:37:10Z")
Thank you, I did not consider that! ---
**Author:** ![anonymous54](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/aeb1de/32.png) [@anonymous54](https://forum.mentalhealthlaw.co.uk/u/anonymous54)\ **Post date:** [5 January 2025 21:26 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/6 "2025-01-05T21:26:57Z")
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. ---
**Author:** ![Heidi](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/bb73d2/32.png) [@Heidi](https://forum.mentalhealthlaw.co.uk/u/Heidi)\ **Post date:** [5 January 2025 21:59 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/7 "2025-01-05T21:59:43Z")
[R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201](https://www.mentalhealthlaw.co.uk/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.” ---
**Author:** ![Karin.slack](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/a183cd/32.png) [@Karin.slack](https://forum.mentalhealthlaw.co.uk/u/Karin.slack)\ **Post date:** [6 January 2025 08:52 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/8 "2025-01-06T08:52:42Z")
Thank you so much everybody. Extremely helpful! ---
**Author:** ![Beatrice](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/e9c0ed/32.png) [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\ **Post date:** [7 January 2025 10:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067/9 "2025-01-07T10:37:47Z")
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