Traduction de «infraction flagrante à la discipline » (Français → Anglais) :

inform the natural or legal person suspected of having committed the infringement or which was caught in the act while committing the infringement that the infringement may result in the assignment of the appropriate number of points in accordance with Article 92.

1. Where a natural person is suspected of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being held liable for such an infringement, Member States shall start a full investigation of the infringement and, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular:

Officers of the customs administration of one of the Member States pursuing in their country an individual observed in the act of committing one of the infringements referred to in Article 19(2) which could give rise to extradition, or participating in such an infringement, will be authorised to continue pursuit in the territory of another Member State without prior authorisation where, given the particular urgency of the situation, it was not possible to notify the competent authorities of the other Member State prior to entry into that territory or where these authorities have been unable to reach the scene in time to take the pursuit.

Other aspects of the Agreement include: independent, full-time observers on board all vessels at all times; enhanced surveillance via satellite tracking; dockside inspections of all vessels at each port of call; special powers to order a vessel to port for a thorough inspection; authority to seal fish holds and preserve evidence of apparent infringements; the requirement that observers report, within 24 hours, any infringements of conservation and enforcement measures to NAFO inspection vessels and to the Organization’s Executive Secretary; the requirement that observers provide their reports at the end of each voyage to the Executive Secretary; the sharing of information on the lo ...[+++]cation and identity of vessels; the option of having Canadian officials present during the inspection of an EU vessel ordered to port by an EU inspector; and the sharing of information by all Contracting Parties regarding follow-up action where a vessel has been cited for an infringement.

A " designated offence" is defined in clause 40 and would refer, in essence, to those civilian criminal offences that have historically been in the exclusive jurisdiction of the superior courts; (30) serious drug offences punishable by life imprisonment; (31) criminal organization offences; (32) any offence under the Code of Service Discipline that would carry a mandatory life sentence; (33) or any offence under the Code of Service Discipline that was punishable by at least imprisonment for less than two years where the accused was already on release for another offence.

Currently, a commanding officer has the authority to dismiss, at the outset, any charge under the Code of Service Discipline. This includes not only all offences of a military nature, but also all civilian offences incorporated by reference into the Code of Service Discipline (see sections 130 and 70 of the Act), regardless of whether or not the commanding officer would have the authority to try the accused on the charge (36) Pursuant to section 66(1) of the Act, the effect of a decision by a commanding officer to dismiss a charge is ...[+++]that no other authority –military or civil – can thereafter proceed against the accused on the charge or any substantially similar offence arising out of the same facts (37)