Senator of the College of Justice

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The Senators of the College of Justice 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 one and the same, and the term, Senator, is almost exclusively used in referring to the judges of these courts.

Senators of the College use the title 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.

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[edit]

In the past other 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[edit]

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 34.[1] This was subsequently increased to 35 by The Maximum Number of Judges (Scotland) Order 2016, enacted by the Scottish Ministers.[2]

Inner House[edit]

The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division. The puisne judges are limited to five assigned to each of those two divisions.[3]

Senator Mandatory retirement Inner House appointment Outer House appointment Division
1 The Rt Hon. Lord Carloway (Lord President of the Court of Session
and Lord Justice General
)
20 May 2024 August 2008 February 2000 First
2 The Rt Hon. Lady Dorrian (Lord Justice Clerk) 16 June 2027 November 2012 2005 Second
3 The Rt Hon. Lady Paton 2022 April 2007 January 2000 Second
4 The Rt Hon. Lord Menzies 28 August 2023 February 2012 2001 First
5 The Rt Hon. Lady Smith 16 March 2025 November 2012 2001 First
6 The Rt Hon. Lord Brodie 14 July 2020 November 2012 2002 First
7 The Rt Hon. Lord Drummond Young 17 February 2020 June 2013 2001 Second
8 The Rt Hon. The Lady Clark of Calton PC 26 February 2019 1 October 2013 2006 First
9 The Rt Hon. Lord Malcolm 1 October 2023 1 July 2014 2007 Second
10 The Rt Hon. Lord Glennie 3 December 2020 July 2016 2005 First
11 The Rt Hon. Lord Turnbull 1 October 2023 September 2016 2006 Second

Outer House[edit]

Senator Mandatory retirement Appointment
13 The Hon. Lord Kinclaven 2 June 2021 2005
14 The Hon. Lord Brailsford 16 August 2024 2006
15 The Hon. Lord Uist 1 February 2021 April 2006
16 The Hon. Lord Matthews 4 December 2028 2007
17 The Hon. Lord Woolman 16 May 2023 March 2008
18 The Hon. Lord Pentland (Chair of the
Scottish Law Commission)
11 March 2027 November 2008
19 The Hon. Lord Bannatyne November 2008
20 The Hon. Lady Stacey 25 May 2024 January 2009
21 The Hon. Lord Tyre 17 April 2026 May 2010
22 The Hon. Lord Doherty 30 January 2028 May 2010
23 The Rt Hon. The Lord Boyd of Duncansby PC 7 June 2023 26 June 2012
24 The Hon. Lord Burns 12 July 2012
25 The Hon. Lady Scott 2030 2 November 2012
26 The Hon. Lady Wise 6 February 2013
27 The Hon. Lord Armstrong 15 February 2013
28 The Hon. Lady Rae 20 June 2020 14 January 2014
29 The Hon. Lady Wolffe 11 March 2014
30 The Hon. Lord Beckett 17 May 2016
31 The Hon. Lord Clark 24 May 2016
32 The Hon. Lord Ericht 31 May 2016
33 The Hon. Lady Carmichael 30 June 2016
34 The Rt. Hon. Lord Mulholland 18 April 2029 15 December 2016
35 The Hon. Lord Summers 17 March 2017
36 The Hon. Lord Arthurson 17 March 2017

Retired judges[edit]

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 August 2018, 9 retired judges are available to sit as judges:

Senator Becomes ineligible to act as a judge Appointment Retirement
1 The Rt Hon. Lord Stewart 14 December 2021 2010 2016
2 The Hon. Lord McEwan 12 December 2018 2000 2008
3 The Rt Hon. The Lord Hardie 8 January 2021 2000 2012
4 The Rt Hon. Lady Cosgrove 12 January 2021 1996 2006
5 The Rt Hon. Lord Bonomy 15 January 2021 1997 2012
6 The Rt Hon. Lord Emslie 17 April 2022 2001 2012
7 The Rt. Hon. Lord Clarke 2022 2000 2016
8 The Rt. Hon. Lord Kingarth 21 June 2024 1997 2010
9 The Rt. Hon. Lord Eassie October 2020 1997 2015

See also[edit]

References[edit]

  1. ^ Court of Session Act 1988, s. 1.
  2. ^ Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.
  3. ^ Court of Session Act 1988, s. 2.

External links[edit]