Senator of the College of Justice

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 identical, and the term, Senator, is almost exclusively used in referring to the judges of these courts.

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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

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

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

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 appointmentOuter House appointmentDivision
1The Rt Hon. Lord Carloway (Lord President of the Court of Session
and Lord Justice General)		20 May 2024August 2008February 2000First
2The Rt Hon. Lady Dorrian (Lord Justice Clerk)16 June 2027November 20122005Second
3The Rt Hon. Lady Paton2022April 2007January 2000Second
4The Rt Hon. Lord Menzies28 August 2023February 20122001First
5The Rt Hon. Lady Smith16 March 2025November 20122001First
6The Rt Hon. Lord Malcolm1 October 20231 July 20142007Second
7The Rt Hon. Lord Turnbull1 October 2023September 20162006Second
8The Rt Hon. Lord Woolman16 May 2023February 2020March 2008Second
9The Rt Hon. Lord Pentland11 March 2027July 2020November 2008First
10The Hon. Lord Doherty30 January 2028December 2020May 2010First

Outer House
SenatorMandatory retirementAppointment
11The Hon. Lord Brailsford16 August 20242006
12The Hon. Lord Uist1 February 2021April 2006
13The Hon. Lord Matthews4 December 20282007
14The Hon. Lady Stacey25 May 2024January 2009
15The Hon. Lord Tyre17 April 2026May 2010
16The Rt Hon. The Lord Boyd of Duncansby PC7 June 202326 June 2012
17The Hon. Lord Burns202212 July 2012
18The Hon. Lady Scott20302 November 2012
19The Hon. Lady Wise20336 February 2013
20The Hon. Lord Armstrong15 February 2013
21The Hon. Lady Wolffe11 March 2014
22The Hon. Lord Beckett17 May 2016
23The Hon. Lord Clark24 May 2016
24The Hon. Lord Ericht203331 May 2016
25The Hon. Lady Carmichael203930 June 2016
26The Rt. Hon. Lord Mulholland18 April 202915 December 2016
27The Hon. Lord Summers17 March 2017
28The Hon. Lord Arthurson17 March 2017
29The Hon. Lord Fairley13 January 2020
30The Hon. Lady Poole13 January 2020
31The Hon. Lord Harrower17 February 2020
32The Hon. Lord Weir6 April 2020
33The Hon. Lord Braid22 June 2020

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 2021, 10 retired judges are available to sit as judges:

SenatorBecomes ineligible to act as a judgeAppointmentRetirement
1The Rt Hon. Lord Stewart14 December 202120102016
2The Rt Hon. Lord Emslie17 April 202220012012
3The Rt Hon. Lord Clarke202220002016
4The Rt Hon. Lord Kingarth21 June 202419972010
5The Rt Hon. Lord EassieOctober 202019972015
6The Rt Hon. Lady Clark26 February 202420062019
7The Rt Hon. Lord Brodie14 July 202520022020
8The Rt Hon. Lord Drummond Young20012020
9The Hon. Lady Rae20 June 202514 January 20142020
10The Hon. Lord Kinclaven2 June 202120052020

See also

Notes

    References
    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.
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