Originally Posted by
fastair
This may be true in this case (or not) but your underlying logic is faulty. I break the law speeding and doing California stops every day. Even if u told the police about it after the fact, I doubt they would do anything. That doesn't mean I didn't break the law. Lack of action by a law enforcement official not present for an offence (alleged) in no way confirms a law was not broken, just like in court a verdict of "not guilty" does not mean the judge/jury say the defendant is "innocent"
Any action that results in a diversion should not only be clearly arrestable, but if no arrest takes place then the offense (even if de facto illegal) should not constitute a diversion.
Diversion implies immediate concern to plane passengers and crew. Is there any act that is not arrestable that also causes these concerns?