Part 6: Cautions Section 107: Application of Police and Criminal Evidence Act 1984
Section 107 provides that the provisions of PACE set out in subsection 2(a) to (j) apply, with the modifications identified in subsection (3), to offenders arrested for suspected breach of a diversionary caution. This ensures that the diversionary caution operates effectively within the existing framework of police powers. Without this modification, police powers to deal with breaches of a diversionary caution would be limited and this would undermine the effect of non-compliance.
	The provisions of PACE set out in subsection 2(a) to (i) that apply with modification to arrest for failure to comply with a diversionary caution include an arrest elsewhere than at police station, bail elsewhere than at police station, arrest for further offence, limitations on police detention, custody officers at the police stations, record of grounds for detention, duties of custody officer after charge, responsibilities in relation to persons detained, x-rays and ultrasound scans. Subsection (3) (a) to (e) sets out what the modifications are.
	Subsections (4) to (7) set out further provisions of PACE which apply to suspected breach of diversionary cautions as they would in the case of a person arrested for an offence, which enables consistency and accountability. They ensure that someone arrested and detained by the police under these circumstances is subject to the same treatment as any detained person, and periodic reviews of their detention are carried out.