Part 6: Cautions Section 100: Deciding on the conditions
Section 100 sets out what conditions can be attached to diversionary cautions and who sets them. Subsection (1)(a) and (b) state that the conditions attached to diversionary cautions are to be decided by either (a) the authorised person giving the caution or (b) a prosecuting authority that is giving the caution. Subsection (2)(a) – (c) states which conditions may apply to a discretionary caution. Those conditions may be rehabilitation and reparation conditions, financial penalty conditions and the foreign national offender condition.
	Subsection (3)(a) and (b) and (4) state that when deciding what conditions to attach to a diversionary caution the person giving the caution must make reasonable efforts to obtain the views of any victims, in particular their views as to whether any of the actions listed in the community remedy document ought to be applied and then take those views into account. (Following the introduction of the Anti-social Behaviour, Crime and Policing Act 2014 each police force in England and Wales is required to publish a community remedy document which provides victims with a choice of activities and sanctions for offenders to complete). If the victim or victims select a condition that is listed in the community remedy document, that condition must be attached unless, as provided for in subsection (5)(a) and (b), it is not an action that can be attached as a condition to a diversionary caution, or it would not be appropriate to attach it.