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".
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 34. This was subsequently increased to 35 by The Maximum Number of Judges (Scotland) Order 2016, enacted by the Scottish Ministers.
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.
|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|
|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|
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|
- Historic List of Senators of the College of Justice
- Justice of the Supreme Court of the United Kingdom
- List of Lords Justices of Appeal
- List of High Court judges of England and Wales
- Court of Session Act 1988, s. 1.
- Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.
- Court of Session Act 1988, s. 2.