Commentary on Sections Part 6: Alternatives to Prosecution Chapter 2 - Conditional cautions Section 75: Arrest for failure to comply
This section states that a constable can arrest an offender without a warrant if he/she has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to the caution. It also makes provision for dealing with such circumstances. The arrested person must (i) be charged, (ii) released without charge on bail to enable a decision to be made as to whether he should be charged or (iii) released without charge or bail and with or without any variations to the conditions of his caution as appropriate. Conditional cautions are issued to an offender by PPS with a clear indication that a failure to comply may result in prosecution for the original offence. This power enables the facilitation of such a prosecution in the event of default of conditions by an offender.