Part 6: Cautions Section 106: Arrest for failure to comply
Section 106 provides constables with a power of arrest without warrant. Subsection (1) applies when a constable has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to a diversionary caution.
	Subsection (2) sets out what must happen to an offender arrested under this section. Subsection (2)(a) provides for an offender to be charged with the original offence in respect of which the diversionary caution was given and subsection (2)(b) provides for an offender to be released without charge. Subsection (3)(a) sets out the circumstances where an offender can be released on bail without charge under subsection (2)(b). Where the pre-conditions for bail are satisfied, an offender can be released on bail without charge to enable a decision to be made as to whether the offender should be charged with the offence. Subsection (3)(b) states that, in any other case, the offender can be released without bail, with or without any variations in the conditions attached to the diversionary caution. By virtue of subsection (4), subsection (2) also applies in the case of an offender that returns to the police station having been bailed for investigation and in certain other circumstances where the offender is detained by the police.
	Subsection (5) states that, where an offender is released on bail under subsection (3)(a), the custody officer must inform the offender that the release is to enable a decision to be made as to whether the offender should be charged with the offence in question.
	Subsection (6) provides for circumstances where an offender arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention in order to be dealt with in accordance with subsection (2) or in order to appoint a different or additional time for answering bail under section 47(4A) of PACE (as modified by section 107). If a person is not in a fit state to be dealt with in these way, they may be kept in police detention until they are.
	Subsection (7) sets out that the power under section (6)(a) includes the power to keep an offender in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.
	Subsection (8) makes provision for subsection (2) and (3) to be complied with as soon as practicable.
	Subsection (9) provides that an offender who falls within subsection (4)(a) or (b) and who is in police detention in relation to a matter other than the diversionary caution, need not be released if the offender is liable to be kept in detention in relation to that other matter.
	Subsection (10) states that the pre-conditions for bail referred to in this section are as set out in section 50A of PACE.