Having tolerated a long winter, and limped through January and February (the worst months of the year), the slog is finally broken up by the first bank holiday since New Year’s Day; Easter weekend!
Those who observed lent may have also cut out alcohol or other “vices” or ways to release stress. So, when Easter finally arrives, it could be tempting to overdo it and end up in a lot of trouble as a result.
This holiday boasts an extra-long 4-day weekend and often occurs just as the weather begins to drastically improve. All of that tends to encourage people to get out and about and enjoy themselves, whether to participate in an easter egg hunt, a camping holiday, or a picnic, Easter often signifies the return of outdoor activities.
Easter weekend also involves many old traditions. Hot cross buns date back to ancient Egypt; Easter Sunday morning services have been happening since the 1700s, and chocolate bunnies and easter eggs can be traced to the 1800s.
Even the word ‘Easter’ comes from an ancient pagan goddess!
So what has all of this got to do with motoring law? Sadly, whilst all bank holidays are supposed to be an enjoyable time if approached with too much wanton abandon, you could end up falling foul of one of the most ancient laws within the criminal justice system: wanton and furious driving.
What is it?
This offence comes from s.35 of the Offences against the Person Act 1861 and despite it coming into force shortly before the invention of the automobile, it seems to have found its niche in modern motoring law. Wanton and furious driving is essentially used to plug the gaps in newer legislation that has been brought in since.
The CPS tend to pursue prosecutions under this ancient law very sparingly and only when no other offence fits. The most common modern use is for causing death or injury while riding a bicycle. The other direction given by the CPS in their legal guidance is that it may be used to prosecute when an offence has been committed on private land. These two situations are potential gaps in the Road Traffic Act, which specifies that most offences are committed while driving a mechanically propelled vehicle and on a road or in a public place. The offence was originally intended to punish riders who hit people with their horses and carts and would still be available to punish modern day riders in this situation. The punishment available to the court in these circumstances is up to 2 years prison and, if a motor vehicle was involved, 3-9 penalty points or a discretionary disqualification.
Things to look out for this bank holiday!
So, when the sun comes out this Easter Weekend and you consider getting the bikes out for a family ride, make sure you do so safely and with consideration for other road users. Ensure that the brakes still work after a long winter in the shed – a recent conviction for wanton and furious driving involved a bike with no front brakes and ended with a man receiving an 18-month prison sentence.
In 2003 the case of R v Knight involved an incident on private land. In this case, the offence occurred in a “naval establishment” which was a private place and so was outside the jurisdiction of the Road Traffic Act. The conviction was overturned on appeal, but because of mistakes made in court rather than issues with the charge. Therefore, if, for example, the improved weather this Easter prompts a bit of off-roading, or dirt biking perhaps, remember that you must drive sensibly even if in a field, or other private property.
Finally, and most traditionally, if your Easter parade, egg-hunt, or any other activity involves a horse and cart, watch out for pedestrians!
