Wanton and furious driving is an offence arising from 19th century legislation used to prosecute offenders who do not fit the criteria of the more commonly used road traffic offences pursuant to more modern legislation.

The law

Section 35 of The Offences Against The Person Act 1861:

Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

Who does it apply to?

The law applies to offences involving pedal cycles as well as other offences involving non-mechanically propelled vehicles (i.e. non-motorised vehicles such as a bicycle or horse-drawn carriage) that have not been incorporated into the Road Traffic Act, where bodily harm is caused to another. This offence pre-dates the advent of motor vehicles.

The prosecution has to prove that injury was caused to another person as a result of your “driving” (as mentioned, of a non-mechanically propelled vehicle). For example, in a relatively recent case, Charlie Alliston was charged with manslaughter and causing bodily harm by wanton and furious driving after he caused the death of a pedestian whilst riding a bicycle with no front brakes.

You may also face prosecution for this offence is when the alleged incident took place on private land or any other place where the Road Traffic Act does not apply.

What is the maximum sentence for causing bodily harm by wanton and furious driving?

The maximum sentence for causing bodily harm by wanton and furious driving is two years’ imprisonment.

Defences

There are several defences available to this offence. If you have been charged with wanton and furious driving, I am able to advise you on these.