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Wanton or furious driving causing bodily harm

s.35Offences Against the Person Act 1861

Causing bodily harm to any person through wanton or furious driving or racing, other wilful misconduct, or wilful neglect, while in charge of any carriage or vehicle.

Wanton or furious driving causing bodily harm · Offences Against the Person Act 1861, s.35Card 109 / 195

Points to prove

Had charge of a carriage or vehicle
By wanton or furious driving or racing, or other wilful misconduct, or wilful neglect
Did or caused to be done
Bodily harm to any person

Key definitions

Carriage or vehicle – not defined. It is wide and covers pedal cycles, horse-drawn vehicles and motor vehicles alike.
Having the charge – the person controlling the vehicle at the time. There is no requirement that it happens on a road or public place.
Wanton or furious driving – not defined. It takes its ordinary meaning, such as reckless, excessively fast or uncontrolled riding or driving.
Wilful misconduct / wilful neglect – deliberate wrongdoing, or deliberately failing to do something, such as riding a bike knowing it has no working brakes.
Bodily harm – any physical harm to any person. It does not have to be serious.

Good to know

A Victorian offence still in force in England and Wales. It is not listed as triable either way in Schedule 1 to the Magistrates’ Courts Act 1980, so it can only be tried in the Crown Court.
Mainly used where Road Traffic Act offences do not fit, especially cyclists who cause injury or death (there is currently no offence of causing death by dangerous cycling in force), and incidents away from roads and public places.
If committed in a mechanically propelled vehicle: obligatory endorsement with 3 to 9 penalty points and discretionary disqualification (RTOA 1988, Sch. 2 Pt. II).
On a manslaughter charge arising from driving, the jury may convict of this offence instead (RTOA 1988, s.24(A2)).

Legislation: Offences Against the Person Act 1861, s.35 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: 2 years' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Wanton or furious driving causing bodily harm: questions people ask

What are the points to prove for wanton or furious driving causing bodily harm?

1. Had charge of a carriage or vehicle 2. By wanton or furious driving or racing, or other wilful misconduct, or wilful neglect 3. Did or caused to be done 4. Bodily harm to any person

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

2 years' imprisonment and/or a fine.

Is wanton or furious driving causing bodily harm a summary, either-way or indictable offence?

Wanton or furious driving causing bodily harm is indictable only: it can only be tried in the Crown Court.

What Act and section is wanton or furious driving causing bodily harm?

Wanton or furious driving causing bodily harm is an offence under the Offences Against the Person Act 1861, s.35.

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