Odger's English Common Law

210 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE.
of such an offence. 1
Still in grave cases, such as perjury or
riot, it would probably be held a crime to agree to stifle a
prosecution for reward. And such an agreement clearly
would be invalid. 2 But in some less serious cases such an
agreement is not unlawful ; indeed it is often sanctioned by
the Court ; arid the sanction of the Court cannot make legal
that which is criminal. After a prosecution to verdict any
arrangement may be made between the prosecutor and the
accused with the consent of the Court, and the Court will
modify its sentence accordingly. In the case of an assault
it is not illegal for a man to promise not to prosecute, if
amends be made him ; but no such compromise will oust
the jurisdiction of a criminal Court, unless the Court has
sanctioned it. And generally, wherever the injured party
has both a civil and a criminal remedy, and might therefore
have sued and recovered damages instead of prosecuting the
misdemeanant, such a compromise is not illegal and will be
enforced, though it was made without the sanction of the
Court. 3 But whenever public order or decency or any public
right is concerned, any such agreement is invalid and will
not bind the Crown, even if it was sanctioned by the Court
and the same or any other prosecutor can continue the
prosecution. 4
1 See the judgment of Palles, C. B., in Dillon v. O'Brien (1887), 20 L. E. It. 316 ; 16
Cox, 245.
2
Collins v. Blantern (1767), 1 Smiths L. C, 12th ed., 412.
3 Wisher v. Apollinaris Co. (1875), L. E. 10 Ch. 297.
1 R. v. Wood (1832), 3 B. & Ad. 657 ; Keir v. Leeman (1844), 6 Q. B. 308 ;
(1846), 9 Q. B. 371 ; Windhill Local Board of Health v. Vint (1890), 45 Ch. D
351.
;