Wanton or Furious Driving (Section 35 Offences Against the Person Act 1861)

Wanton or Furious Driving is an offence under s.35 Offences against the Person Act 1861. A person commits the offence if, having the charge of any carriage or vehicle, he by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, does or causes to be done any bodily harm to any person whatsoever (s.35). Maximum sentence: imprisonment for any term not exceeding two years, at the discretion of the court (s.35). The section as read gives a single penalty and does not state a mode of trial. Where it is tried summarily as an offence triable either way, the term of imprisonment a magistrates' court may impose is capped at the general limit in a magistrates' court, which is 12 months (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. This offence is most commonly used for dangerous cycling cases causing injury, where the cyclist is not covered by the Road Traffic Act 1988 framework. Officers should secure the scene, obtain witness details, and preserve CCTV or dashcam evidence. Photograph injuries and the vehicle involved. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).