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Top Gun
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This article is about the film. For other uses, see Top Gun (disambiguation).
Top Gun
Theatrical release poster
Directed by
Tony Scott
Produced by
Don Simpson
Jerry Bruckheimer
Written by
Jim Cash
Jack Epps Jr.
Starring
Tom Cruise
Kelly McGillis
Val Kilmer
Anthony Edwards
Tom Skerritt
Music by
Harold Faltermeyer
Giorgio Moroder
Cinematography
Jeffrey L. Kimball
Edited by
Chris Lebenzon
Billy Weber
Production
company
Simpson/Bruckheimer
Distributed by
Paramount Pictures
Release date
May 16, 1986 (1986-05-16)
Running time
110 minutes
Country
United States
Language
English
Budget
US$15 million
Box office
US$356.8 million[1]
Top Gun is a 1986 American action drama film, directed by Tony Scott, and produced by Don Simpson and Jerry Bruckheimer, in association with Paramount Pictures. It is the first installment of the Top Gun film series. The screenplay was written by Jim Cash and Jack Epps Jr., and was inspired by an article titled "Top Guns" published in California magazine three years earlier. The film stars Tom Cruise, Kelly McGillis, Val Kilmer, Anthony Edwards, and Tom Skerritt. Cruise plays Lieutenant Pete "Maverick" Mitchell, a young naval aviator aboard the aircraft carrier USS Enterprise. He and his Radar Intercept Officer, Nick "Goose" Bradshaw (Edwards) are given the chance to train at the US Navy's Fighter Weapons School at Naval Air Station Miramar in San Diego, California.
Top Gun was released on May 16, 1986. Upon its release, the film received generally mixed reviews from film critics but many particularly praised the action sequences, the effects, the aerial stunts, and the acting performances with Cruise and McGillis receiving the most praise. Four weeks after release, the number of theaters showing it increased by 45 percent.[2] Despite its initial mixed critical reaction, the film was a huge commercial hit grossing US$356 million against a production budget of only US$15 million. The film maintained its popularity over the years and earned an IMAX 3D re-release in 2013. Additionally, the film won an Academy Award for Best Original Song for "Take My Breath Away" performed by Berlin.
In 2015, the United States Library of Congress selected the film for preservation in the National Film Registry, finding it "culturally, historically, or aesthetically significant".[3] A sequel, titled Top Gun: Maverick, began filming on May 31, 2018 in San Diego, California.[4] The second film is scheduled for release on June 26, 2020.[5]
Contents
1 Plot
2 Cast
3 Production
3.1 Background
3.2 Filming
3.3 Music
4 Release
4.1 Home media
4.2 IMAX 3D re-release
5 Reception
5.1 Box office
5.2 Critical response
5.3 Awards
5.4 Effect on military recruiting
5.5 Foreign affairs
6 In popular culture
7 Sequel
8 Video games
9 References
10 External links
Plot[edit]
United States Naval Aviator LT Pete "Maverick" Mitchell and his Radar Intercept Officer LTJG Nick "Goose" Bradshaw fly the F-14A Tomcat aboard USS Enterprise (CVN-65). During an interception with two hostile MiG-28 aircraft (portrayed by a Northrop F-5), Maverick gets missile lock on one, while the other hostile aircraft locks onto Maverick's wingman, Cougar. While Maverick drives off the remaining MiG-28, Cougar is too shaken to land, and Maverick, defying orders, shepherds him back to the carrier. Cougar gives up his wings, citing his newborn child that he has never seen. Despite his dislike for Maverick's recklessness, CAG "Stinger" sends him and Goose to attend Topgun[6], the Naval Fighter Weapons School at Naval Air Station Miramar.
At a bar the day before Topgun starts, Maverick, assisted by Goose, unsuccessfully approaches a woman. He learns the next day that she is Charlotte "Charlie" Blackwood, an astrophysicist and civilian Topgun instructor. She becomes interested in Maverick upon learning of his inverted maneuver with the MiG-28, which disproves US intelligence on the enemy aircraft's performance.
During Maverick's first training sortie he defeats instructor LCDR Rick "Jester" Heatherly but through reckless flying breaks two rules of engagement and is reprimanded by chief instructor CDR Mike "Viper" Metcalf. Maverick also becomes a rival to top student LT Tom "Iceman" Kazansky, who considers Maverick's flying "dangerous." Charlie also objects to Maverick's aggressive tactics, but eventually admits that she admires his flying and omitted it from her reports to hide her feelings for him, and the two begin a romantic relationship.
During a training sortie Maverick abandons his wingman "Hollywood" to chase Viper, but is defeated when Viper maneuvers Maverick into a position from which his wingman Jester can shoot down Maverick from behind, demonstrating the value of teamwork over individual prowess.
Maverick and Iceman, now direct competitors for the Topgun Trophy, chase an A-4 in a later training engagement. Maverick pressures Iceman to break off his engagement so he can shoot it down, but Maverick's F-14 flies through the jet wash of Iceman's aircraft and suffers a flameout of both engines, going into an unrecoverable flat spin. Maverick and Goose eject, but Goose hits the jettisoned aircraft canopy head-first and is killed.
Although the board of inquiry clears Maverick of responsibility for Goose's death, he is overcome by guilt and his flying skill diminishes. Charlie and others attempt to console him, but Maverick considers retiring. He seeks advice from Viper, who reveals that he served with Maverick's father Duke Mitchell on the USS Oriskany and was in the air battle in which Mitchell was killed. Contrary to official reports which faulted Mitchell, Viper reveals classified information that proves Mitchell died heroically, and informs Maverick that he can succeed if he can regain his self-confidence. Maverick chooses to graduate, though Iceman wins the Top Gun Trophy.
During the graduation party, Viper calls in the newly graduated aviators with the orders to deploy. Iceman, Hollywood, and Maverick are ordered to immediately return to Enterprise to deal with a "crisis situation", providing air support for the rescue of a stricken ship that has drifted into hostile waters.
Maverick and Merlin are assigned as back-up for F-14s flown by Iceman and Hollywood, despite Iceman's reservations over Maverick's state of mind. The subsequent hostile engagement with six MiGs sees Hollywood shot down; Maverick is scrambled alone due to a catapult failure and nearly retreats after encountering circumstances similar to those that caused Goose's death. Upon finally rejoining Iceman, Maverick shoots down three MiGs, and Iceman one, forcing the other two to flee. Upon their triumphant return to Enterprise, Iceman and Maverick express a newfound respect for each other.
Offered any assignment he chooses, Maverick decides to return to Topgun as an instructor. At a bar in Miramar, Maverick and Charlie reunite.
Cast[edit]
Tom Cruise as LT Pete "Maverick" Mitchell
Kelly McGillis as Charlotte "Charlie" Blackwood. The character is based on a real-life person, Christine Fox, who worked at the Miramar Naval Air Station.[7]
Val Kilmer as LT Tom "Iceman" Kazansky
Anthony Edwards as LTJG Nick "Goose" Bradshaw
Tom Skerritt as CDR Mike "Viper" Metcalf
Michael Ironside as LCDR Rick "Jester" Heatherly
John Stockwell as LT Bill "Cougar" Cortell
Barry Tubb as LTJG Henry "Wolfman" Ruth
Rick Rossovich as LTJG Ron "Slider" Kerner
Tim Robbins as LTJG Sam "Merlin" Wells
Clarence Gilyard, Jr. as LTJG Marcus "Sundown" Williams
Whip Hubley as LT Rick "Hollywood" Neven
James Tolkan as CDR Tom "Stinger" Jardian
Meg Ryan as Carole Bradshaw
Adrian Pasdar as LT Charles "Chipper" Piper
Production[edit]
Background[edit]
The primary inspiration for the film was the article "Top Guns" by Ehud Yonay, from the May 1983 issue of California magazine, which featured aerial photography by then-Lieutenant Commander Charles "Heater" Heatley.[8] The article detailed the life of fighter pilots at Naval Air Station Miramar in San Diego, self-nicknamed as "Fightertown USA". Numerous screenwriters allegedly turned down the project.[8] Bruckheimer and Simpson went on to hire Jim Cash and Jack Epps, Jr., to write the first draft. The research methods, by Epps, included an attendance at several declassified Topgun classes at Miramar and gaining experience by being flown in an F-14. The first draft failed to impress Bruckheimer and Simpson, and is considered to be very different from the final product in numerous ways.[9]
Actor Matthew Modine turned down the role of LT Pete "Maverick" Mitchell (that went to Tom Cruise) because he felt the film's pro-military stance went against his politics.[10]
The producers wanted the assistance of the US Navy in production of the film. The Navy was influential in relation to script approval, which resulted in changes being made. The opening dogfight was moved to international waters as opposed to Cuba, the language was toned down, and a scene that involved a crash on the deck of an aircraft carrier was also scrapped.[11] Maverick's love interest was also changed from a female enlisted member of the Navy to a civilian contractor with the Navy, due to the US military's prohibition of fraternization between officers and enlisted personnel.[8] The "Charlie" character also replaced an aerobics instructor from an early draft as a love interest for Maverick after producers were introduced to Christine "Legs" Fox, a civilian mathematician employed by the Center for Naval Analyses as a specialist in Maritime Air Superiority (MAS), developing tactics for aircraft carrier defense.[7]
Julianne Phillips was in consideration for the role of Charlie, and had been scheduled to perform a screen test opposite Tom Cruise.[12]
Rear Admiral Pete "Viper" Pettigrew, a former Navy aviator, Vietnam War veteran, and Topgun instructor served as a technical advisor on the film, and also made a cameo appearance in the film as a colleague of Charlie's.
Former Top Gun instructor pilot and Congressman Randy "Duke" Cunningham claimed to have been the inspiration for Pete Mitchell, although the film's producers have denied that the character was based on any specific Naval Aviator.[13]
Filming[edit]
F-14A Tomcats of Fighter Squadrons VF-51 "Screaming Eagles" and VF-111 "Sundowners", and F-5E/F Tiger IIs of the Navy Fighter Weapons School
The Navy made several aircraft from F-14 fighter squadron VF-51 "Screaming Eagles" (which Tom Skerritt mentions in the scene at his home) available for the film. Paramount paid as much as US$7,800 per hour for fuel and other operating costs whenever aircraft were flown outside their normal duties. Shots of the aircraft carrier sequences were filmed aboard the USS Enterprise, showing aircraft from F-14 squadrons VF-114 "Aardvarks" and VF-213 "Black Lions".[14] The majority of the carrier flight deck shots were of normal aircraft operations and the film crew had to take what they could get, save for the occasional flyby which the film crew would request. During filming, director Tony Scott wanted to shoot aircraft landing and taking off, back-lit by the sun. During one particular filming sequence, the ship's commanding officer changed the ship's course, thus changing the light. When Scott asked if they could continue on their previous course and speed, he was informed by the commander that it cost US$25,000 to turn the ship, and to continue on course. Scott wrote the carrier's captain a US$25,000 check so that the ship could be turned and he could continue shooting for another five minutes.[15]
Most of the sequences of the aircraft maneuvering over land were shot at Naval Air Station Fallon, in Nevada, using ground-mounted cameras. Air-to-air shots were filmed using a Learjet. Grumman, manufacturer of the F-14, was commissioned by Paramount Pictures to create camera pods to be placed upon the aircraft that could be pointed toward either the front or rear of the aircraft providing outside shots at high altitude.[citation needed]
In July 1985, Kansas City Barbeque served as a filming location for two scenes. The first scene features Goose and Maverick singing "Great Balls of Fire" while seated at the piano. The final scene, where "You've Lost That Lovin' Feelin'" can be heard on the restaurant's jukebox, was also filmed at the restaurant. Both scenes were filmed consecutively. After release of the movie, the restaurant went on to collect a significant amount of memorabilia from the motion picture until a kitchen fire on June 26, 2008 destroyed much of the restaurant. Some memorabilia and props, including the original piano used in the film, survived the fire, and the restaurant re-opened in November 2008.
Renowned aerobatic pilot Art Scholl was hired to do in-flight camera work for the film. The original script called for a flat spin, which Scholl was to perform and capture on a camera on the aircraft. The aircraft was observed to spin through its recovery altitude, at which time Scholl radioed "I have a problem... I have a real problem". He was unable to recover from the spin and crashed his Pitts Special bi-plane into the Pacific Ocean off the Southern California coast near Carlsbad on September 16, 1985. Neither Scholl's body nor his aircraft were recovered, leaving the official cause of the accident unknown.[16] Top Gun was dedicated to Scholl's memory.[17]
Music[edit]
Further information: Top Gun (soundtrack)
The Top Gun soundtrack is one of the most popular soundtracks to date, reaching 9× Platinum certification[18] and #1 on the Billboard Hot 200 albums chart for five nonconsecutive weeks in the summer and fall of 1986.[19] Harold Faltermeyer, who previously worked with both Jerry Bruckheimer and Don Simpson on the films Flashdance and Beverly Hills Cop, was sent the script of Top Gun by Bruckheimer before filming began. Giorgio Moroder and Tom Whitlock worked on numerous songs including the Oscar-winning "Take My Breath Away". Kenny Loggins performed two songs on the soundtrack, "Playing with the Boys", and "Danger Zone". Berlin recorded the song "Take My Breath Away", which would later win numerous awards, sending the band to international acclaim. After the release of Loggins's single "Danger Zone", sales of the album exploded, selling 7 million in the United States alone. On the re-release of the soundtrack in 2000, two songs that had been omitted from the original album (and had been released many years before the film was made), "Great Balls of Fire" by Jerry Lee Lewis and "You've Lost That Lovin' Feelin'" by The Righteous Brothers, were added. The soundtrack also includes "Top Gun Anthem" and "Memories" by Steve Stevens/Faltermeyer and Faltermeyer. However, no soundtrack release to date has included the full Faltermeyer score.[citation needed]
Other artists were considered for the soundtrack project but did not participate. Bryan Adams was considered as a potential candidate but refused to participate because he felt the film glorified war.[20] Likewise, REO Speedwagon was considered but backed down because they would not be allowed to record their own composition.[citation needed] The band Toto was originally meant to record "Danger Zone", and had also written and recorded a song "Only You" for the soundtrack. However, there was a dispute between Toto's lawyers and the producers of the film, paving the way for Loggins to record "Danger Zone" and "Only You" being omitted from the film entirely.[21]
Release[edit]
Home media[edit]
In addition to its box office success, Top Gun went on to break further records in the then still-developing home video market. Backed by a massive US$8 million marketing campaign including a Top Gun-themed Diet Pepsi commercial,[22][23] the advance demand was such that the film became the best-selling videocassette in the industry's history on pre-orders alone. It was also one of the first video cassette releases in the US$20 price range.[24] Top Gun's home video success was again reflected by strong DVD sales, which were furthered by a special-edition release in 2004. Bomber jacket sales increased and Ray-Ban Aviator sunglasses jumped 40%, due to their use by characters in the film.[25] The film also boosted Navy recruitment. The Navy had recruitment booths in some theaters to attract enthusiastic patrons.[26]
IMAX 3D re-release[edit]
Top Gun was re-released in IMAX 3D on February 8, 2013, for six days.[27] A four-minute preview of the conversion, featuring the "Danger Zone" flight sequence, was screened at the 2012 International Broadcasting Convention in Amsterdam, Netherlands.[28] Subsequently, the film was released in Blu-ray 3D on February 19, 2013.[29]
Reception[edit]
Box office[edit]
The film opened in the United States in 1,028 theaters on May 16, 1986. It quickly became a success and was the highest-grossing film of 1986. It would be six months before its theater count dropped below that of its opening week.[2] It was number one on its first weekend with an US$8,193,052 gross, and went on to a total domestic figure of US$176,786,701. Internationally it took in an estimated US$177,030,000 for a worldwide box office total of US$353,816,701.[30] The film sold an estimated 47,650,100 tickets in North America in its initial theatrical run.[31]
Critical response[edit]
Upon the film's original release, critical response was mixed. Review aggregator Rotten Tomatoes reports that 54% of 54 critics have given the film a positive review, with a rating average of 5.8/10. The critical consensus states: "Though it features some of the most memorable and electrifying aerial footage shot with an expert eye for action, Top Gun offers too little for non-adolescent viewers to chew on when its characters aren't in the air".[32]
Roger Ebert of the Chicago Sun-Times gave the film 2.5 out of 4 stars, pointing out that "Movies like Top Gun are hard to review because the good parts are so good and the bad parts are so relentless. The dogfights are absolutely the best since Clint Eastwood's electrifying aerial scenes in Firefox. But look out for the scenes where the people talk to one another."[33]
Awards[edit]
The film was nominated for and won many awards, most prominently for its sound and effects the film won the following awards:
Year
Award
Category – Recipient(s)
1987 ASCAP Film and Television Music Awards Most Performed Songs from Motion Pictures – Giorgio Moroder and Tom Whitlock for the song "Take My Breath Away".
1987 Academy Awards Best Original Song – Giorgio Moroder (music) and Tom Whitlock (lyrics) for "Take My Breath Away".
1986 Apex Scroll Awards Achievement in Sound Effects
1987 BRIT Awards Best Soundtrack
1987 Golden Globe Awards Best Original Song – Motion Picture – Giorgio Moroder (music) and Tom Whitlock (lyrics) for the song "Take My Breath Away".
1987 Golden Screen Award
1987 Grammy Awards Best Pop Instrumental Performance (Orchestra, Group or Soloist) – Harold Faltermeyer and Steve Stevens for "Top Gun Anthem".
1987 Motion Picture Sound Editors Golden Reel Award for Best Sound Editing
Best Sound Editing – Sound Effects
1987 People's Choice Awards Favorite Motion Picture
1988 Award of the Japanese Academy Best Foreign Language Film
The film was nominated for the following awards:
Academy Awards (1987)[34]
Best Sound Effects Editing – Cecelia Hall and George Watters II
Best Film Editing – Billy Weber and Chris Lebenzon
Best Sound – Donald O. Mitchell, Kevin O'Connell, Rick Kline and William B. Kaplan
Best Original Song – Giorgio Moroder and Tom Whitlock for "Take My Breath Away"
Apex Scroll Awards (1986)
Actress in a Supporting Role – Meg Ryan
Film Editing – Billy Weber and Chris Lebenzon
Best Original Song – Motion Picture – Giorgio Moroder (music) and Tom Whitlock (lyrics) for the song "Take My Breath Away".
Best Picture – Don Simpson, Jerry Bruckheimer
Achievement in Compilation Soundtrack
Achievement in Sound
Golden Globe Awards (1987)
Best Original Score – Motion Picture – Harold Faltermeyer
Award of the Japanese Academy (1988)
Best Foreign Language Film
Fennecus Awards (1986)
Achievement in Compilation Soundtrack
Best Original Song – Motion Picture – Giorgio Moroder (music) and Tom Whitlock (lyrics) for the song "Take My Breath Away".
Film Editing – Billy Weber and Chris Lebenzon
Achievement in Sound
Achievement in Sound Effects
In 2008, the film was ranked at number 455 in Empire's list of the 500 greatest films of all time.[35] Yahoo! Movies ranked Top Gun #19 on their list of greatest action films of all-time.[36] The film was nominated multiple times for various AFI lists, but broke through only once. In 2005, the line "I feel the need... the need for speed!" was ranked 94 on AFI's 100 Years...100 Movie Quotes list.
American Film Institute list
AFI's 100 Years...100 Movie Quotes:
"I feel the need — the need for speed." – #94

Effect on military recruiting[edit]
Movie producer John Davis claimed that Top Gun was a recruiting video for the Navy, that people saw the movie and said, "Wow! I want to be a pilot." After the film's release, the US Navy stated that the number of young men who joined wanting to be Naval Aviators went up by 500 percent.[37]
Foreign affairs[edit]
On January 23, 2011, China's state broadcaster China Central Television published a TV news story about the alleged efficiency of Chinese fighter pilots which incorporated footage from the Top Gun action sequences. Chinese internet users noticed the plagiarism, whereupon the broadcast was immediately withdrawn. Ironically, this occurred shorty after the initiation of a Chinese campaign to purge such forged reports; CCTV has declined comments on this incident.[38]
In popular culture[edit]
Since its initial release, the film has made many top film lists and has been the subject of comedic interpretation.
The 1991 film Hot Shots! was a comedy spoof of Top Gun.[citation needed]
The masculine theme of the film has been the subject of humorous examination, with the homoerotic subtext examined in a monologue performed by Quentin Tarantino in the 1994 film Sleep with Me.[39][40][41][42][43]
Top Gun is one of many war and action films, especially those by Jerry Bruckheimer, parodied in the 2004 comedy Team America: World Police.[44]
Top Gun along with A Few Good Men are recognized for being an inspiration for the TV series JAG and for the NCIS franchise in turn.[45]
The DisneyToon Studios film Planes (2013), pays homage to Top Gun with Val Kilmer and Anthony Edwards appearing in the film as part of the voice cast.[46]
Two Chinese films, 2011's Jian Shi Chu Ji ("Skyfighters") and 2017's Kong Lian Lie ("Skyhunters"), were based on Top Gun.[47]
Sequel[edit]
Main article: Top Gun: Maverick
A sequel has been in active development since at least 2010.[48] However plans have been complicated by Scott's suicide in 2012.[49] In 2013, all parties were still reported interested in the project with Bruckheimer, "For 30 years we've been trying to make a sequel and we're not going to stop. We still want to do it with Tom and Paramount are still interested in making it. What Tom tells me is that no matter where he goes in the world, people refer to him as Maverick. It's something he is excited about so as long as he keeps his enthusiasm hopefully we'll get it made."[50]
By September 2014 it was revealed that Justin Marks was already in negotiations to write the screenplay,[51] which was confirmed that following June.[52] Marks would go on later to say that the film was a dream project for him, calling the original an "iconic film in my memory" due in part to it being one of the first films he remembers seeing in a movie theater.[53]
In May 2017, during the promotional tour for The Mummy, Cruise confirmed that a sequel to Top Gun will start filming in 2018.[54] By June of the same year, he revealed that the title will be Top Gun: Maverick with Faltermeyer back as composer for the sequel. Cruise further stated that, "Aviators are back, the need for speed. We're going to have big, fast machines. It's going to be a competition film, like the first one…but a progression for Maverick." [55] Later that month it was announced Joseph Kosinski, who directed Cruise in 2013's Oblivion, was set to direct the sequel.[56]
The release date has been pushed to June 2020.[57]
Video games[edit]
Main article: List of Top Gun video games
Top Gun also spawned a number of video games for various platforms. The original game was released in 1987 under the same title as the film. It was released on five platforms in total: PC, Commodore 64, ZX Spectrum, Amstrad CPC and Nintendo Entertainment System (NES) (with an equivalent version for Nintendo's "VS." arcade cabinets). In the game, the player pilots an F-14 Tomcat fighter, and has to complete four missions. A sequel, Top Gun: The Second Mission, was released for the NES three years later.
Another game, Top Gun: Fire at Will, was released in 1996 for the PC and later for the Sony PlayStation platform. Top Gun: Hornet's Nest was released in 1998. Top Gun: Combat Zones was released for PlayStation 2 in 2001 and was ported to the GameCube and Windows PCs a year later. Combat Zones was considerably longer and more complex than its predecessors, and also featured other aircraft besides the F-14. In late 2005, a fifth game, simply titled Top Gun, was released for the Nintendo DS. At E3 2011, a new game was announced, Top Gun: Hard Lock, which was released in March 2012 for Xbox 360, PC, and PlayStation 3.
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Jump up ^ McKittrick, Christopher (April 19, 2016). "King of the Swingers: Justin Marks on 'The Jungle Book'". Creative Screenwriting. Retrieved September 9, 2016.
Jump up ^ "Tom Cruise Says 'Top Gun 2' Is 'Definitely Happening'". 23 May 2017.
Jump up ^ Wampler, Scott (2 June 2017). "In Which Tom Cruise Reveals The Title Of The TOP GUN Sequel". Birth.Movies.Death.
Jump up ^ "Paramount Sets 'Top Gun 2' For July 2019; Joseph Kosinski Firmed For Tom Cruise Pic". Deadline.con. June 30, 2017.
Jump up ^ "'Top Gun' Sequel Release Pushed Back One Year at Paramount". IMDb. Retrieved 2018-08-30.
External links[edit]
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text:
Committal procedure
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2009) (Learn how and when to remove this template message)
In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure, sometimes known as a preliminary hearing, replaces the earlier grand jury process.
In most jurisdictions criminal offences fall into one of three groups:
There are less serious (summary) offences which are usually heard without a jury by a magistrate. These are roughly equivalent to the older category of misdemeanors (terminology that is now obsolete in most non-U.S. jurisdictions).
There are intermediate offences which are indictable (equivalent to an old-style felony), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate. In Canada, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if the Magistrates' Court finds that matter is suitable for summary trial. In Victoria, Australia, they are called indictable offences triable summarily. As well as the defendant's consent the Magistrate must regard the offence as appropriate to be heard in the lower court.[1]
Finally, there are serious matters which must be dealt with in the higher courts, usually before a jury. When one is charged with an offence of the third type, a preliminary hearing is first held by a magistrate to determine whether there is sufficient evidence to warrant committing the defendant for trial. That is, whether there is sufficient evidence such that a properly instructed jury could (not would) find the defendant guilty. It is a very low-level test. The majority of committal proceedings result in a committal to trial.
In some jurisdictions the prosecuting authority may directly present a defendant for trial regardless of the result of the committal proceedings by filing an ex officio indictment. Equally, the prosecuting authority usually has the power to stop any prosecution by entering a nolle prosequi. In many jurisdictions the right of a defendant to cross-examine witnesses during the committal is reliant on the defence establishing that it is in the interests of justice or to illuminate some relevant point. The defence very rarely calls witnesses at a committal.
England[edit]
On 28 May 2013 the committal procedure was abolished in England. As a result, the serious matters are sent straight to the Crown Court from the Magistrates' Court for a pre-trial hearing. There is no committal procedure to determine sufficiency of evidence. Instead, the defendant charged with the offence may make an application to the Crown Court to have the case dismissed for lack of evidence. The idea behind this reform was to get cases to trial more quickly and reduce the number of pre-trial hearings. However, it is questionable whether this has been achieved given the number of pre-trial hearings that are often required in the Crown Court.
The first hearing in the Crown Court will be a Plea and Trial Preparation Hearing (PTPH), where a plea is taken and, if not guilty, a timetable for trial is set and directions given for service of further evidence, followed by the trial itself. There may be additional hearings in between (called 'mentions'). The PTPH was introduced on the 5th January 2016[2] and replaced the previous procedure of having a separate initial Preliminary hearing followed by a Plea and Case Management Hearing (PCMH) in an attempt to reduce the number of pre-trial hearings.
In triable either way offences, the defendant's right to elect a jury trial remains unfettered.
Notes[edit]
Jump up ^ For example, Magistrates Court Act, 1989 (Victoria)
Jump up ^ https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/october-2015/cm007-eng.pdf
See also[edit]
Civil confinement
Grand jury
Preliminary hearing
Warrant of committal

This legal term article is a stub. You can help Wikipedia by expanding it.
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