S37/41 and S3 running concurrently

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 valid on both occasions? P has been seeking discharged throughout detention.

Thank you.

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Impossible to say in the abstract. But, in principle, s3 and s37/41 can exist concurrently.

See R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201 - Mental Health Law Online