Senator of the College of Justice

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The senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); Lords Commissioners of Justiciary (judges of the High Court of Justiciary); and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term senator is almost exclusively used in referring to the judges of these courts.

Contents

Senators of the college use the judicial courtesy title of Lord or Lady along with a surname or a territorial name. Note, however, that some senators have a peerage title, which would be used instead of the senatorial title. All senators of the college have the honorific, The Honourable , before their titles, while those who are also privy counsellors or peers have the honorific, The Right Honourable . Senators are made privy counsellors upon promotion to the Inner House, the senior part of the Court of Session.

Under section 11 of the Treason Act 1708, it is treason to kill a senator of the College of Justice "sitting in Judgment in the Exercise of their Office within Scotland".

History

Henry Lauder, Lord St Germains, King's Advocate, was one of the nine advocates appointed at the institution of the College of Justice. [1]

Originally, some officers of state were included as senators, including the Lord Advocate, Lord Clerk Register, Master of Requests and the Secretary of State.

List of senators

The Court of Session Act 1988, when enacted, limited the number of senators of the College of Justice (aside from the chairman of the Scottish Land Court, who ranks as a senator) to 24. [2] This was subsequently increased to 25 in 1991, [3] 27 in 1993, [4] 32 in 1999, [5] 34 in 2004, [6] 35 in 2016, [7] and most recently 36 by The Maximum Number of Judges (Scotland) Order 2022. [8] The current judges are as follows. [9]

Inner House

The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division.

SenatorMandatory retirementInner House appointment Outer House appointmentDivision
1 The Rt Hon. Lord Pentland
(Lord President of the Court of Session and Lord Justice General)		11 March 2032July 2020November 2008First
2 The Rt Hon. Lord Beckett
(Lord Justice Clerk)		1 July 202317 May 2016Second
3 The Rt Hon. Lady Paton 2027April 2007January 2000Second
4 The Rt Hon. Lord Malcolm 1 October 20281 July 20142007Second
5 The Rt Hon. Lord Doherty 30 January 2033December 2020May 2010First
6 The Rt Hon. Lord Matthews 4 December 2028August 20212007Second
7 The Rt Hon. Lord Tyre 17 April 20315 January 2022May 2010First
8 The Rt Hon. Lady Wise 22 January 20335 January 20226 February 2013First
9 The Rt Hon. Lord Armstrong 26 May 203123 June 202315 February 2013Second
10 The Rt Hon. Lord Clark 3 December 203023 September 202424 May 2016First
11 The Hon. Lord Ericht 12 September 20383 February 202531 May 2016First
12 The Hon. Lady Carmichael 26 November 20443 February 202530 June 2016Second

Outer House

SenatorMandatory retirementAppointment
13 The Hon. Lord Brailsford 16 August 20292006
14 The Rt. Hon. Lord Mulholland 18 April 203415 December 2016
15 The Hon. Lord Summers 27 August 203917 March 2017
16 The Hon. Lord Arthurson 16 December 203917 March 2017
17 The Hon. Lord Fairley 20 February 204313 January 2020
18 The Hon. Lady Poole 11 August 204513 January 2020
19 The Hon. Lord Harrower 17 February 2020
20 The Hon. Lord Weir 21 Feb 20426 April 2020
21 The Hon. Lord Braid 6 March 203322 June 2020
22 The Hon. Lord Sandison 30 May 20411 March 2021
23 The Hon. Lady Haldane 1 March 2021
24 The Hon. Lord Richardson 26 August 20491 March 2021
25 The Hon. Lady Drummond 19 December 204216 May 2022
26The Hon. Lord Young16 May 2022
27 The Hon. Lord Lake 16 May 2022
28 The Hon. Lord Scott 16 May 2022
29The Hon. Lord Stuart24 April 204116 May 2022
30 The Hon. Lord Colbeck 19 May 2023
31The Hon. Lord Cubie17 June 2024
32The Hon. Lady Hood17 June 2024
33The Hon. Lord Renucci17 June 2024
34The Hon. Lady Ross17 June 2024
35The Hon. Lady Tait5 February 2025
36 The Hon. Lord Duthie 27 June 20509 January 2023

Retired judges

There are also some retired judges who still sit occasionally in the Court of Session or the Court of Criminal Appeal to hear cases if needed when there is a shortage of available judges. They are also called senators of the College of Justice. As of 2022, 7 retired judges are available to sit as judges:

SenatorBecomes ineligible to act as a judgeAppointmentRetirement
1 The Rt Hon. Lord Clarke 202220002016
2 The Rt Hon. Lord Kingarth 21 June 202419972010
3 The Rt Hon. Lady Clark 26 February 202420062019
4 The Rt Hon. Lord Brodie 14 July 202520022020
5 The Rt Hon. Lord Drummond Young 202520012020
6 The Hon. Lady Rae 20 June 202514 January 20142020
7 The Hon. Lord Uist 1 February 2026April 20062021

See also

References

  1. ↑ Dalrymple of Hailes, Bt., Sir David, An Historical Account of the Senators of the College of Justice of Scotland from its Institution, Edinburgh, 1849, p.63.
  2. ↑ Court of Session Act 1988, s. 1.
  3. ↑ The Maximum Number of Judges (Scotland) Order 1991.
  4. ↑ The Maximum Number of Judges (Scotland) Order 1993.
  5. ↑ The Maximum Number of Judges (Scotland) Order 1999.
  6. ↑ The Maximum Number of Judges (Scotland) Order 2004.
  7. ↑ Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk .
  8. ↑ The Maximum Number of Judges (Scotland) Order 2022.
  9. ↑ "Senators of the College of Justice". Judiciary of Scotland. Retrieved 22 November 2022.
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