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.

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.

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 appointmentOuter House appointmentDivision
1The Rt Hon. Lord Carloway
(Lord President of the Court of Session and Lord Justice General)		20 May 2029August 2008February 2000First
2The Rt Hon. Lady Dorrian
(Lord Justice Clerk)		16 June 2032November 20122005Second
3The Rt Hon. Lady Paton2027April 2007January 2000Second
4The Rt Hon. Lord Malcolm1 October 20281 July 20142007Second
5The Rt Hon. Lord Turnbull1 October 2028September 20162006Second
6The Rt Hon. Lord Pentland11 March 2032July 2020November 2008First
7The Rt Hon. Lord Doherty30 January 2033December 2020May 2010First
8The Rt Hon. Lord Matthews4 December 2028August 20212007Second
9The Rt Hon. Lord Tyre17 April 20315 January 2022May 2010First
10The Rt Hon. The Lord Boyd of Duncansby7 June 20285 January 202226 June 2012First
11The Rt Hon. Lady Wise22 January 20335 January 20226 February 2013First

Outer House

SenatorMandatory retirementAppointment
12The Hon. Lord Brailsford16 August 20292006
13The Hon. Lady Stacey25 May 2029January 2009
14The Hon. Lady Scott20352 November 2012
15The Hon. Lord Armstrong26 May 203115 February 2013
16The Hon. Lord Beckett17 May 2016
17The Hon. Lord Clark24 May 2016
18The Hon. Lord Ericht12 September 203831 May 2016
19The Hon. Lady Carmichael26 November 204430 June 2016
20The Rt. Hon. Lord Mulholland18 April 203415 December 2016
21The Hon. Lord Summers27 August 203917 March 2017
22The Hon. Lord Arthurson16 December 203917 March 2017
23The Hon. Lord Fairley20 February 204313 January 2020
24The Hon. Lady Poole11 August 204513 January 2020
25The Hon. Lord Harrower17 February 2020
26The Hon. Lord Weir21 Feb 20426 April 2020
27The Hon. Lord Braid6 March 203322 June 2020
28The Hon. Lord Sandison30 May 20411 March 2021
29The Hon. Lady Haldane1 March 2021
30The Hon. Lord Richardson26 August 20491 March 2021
31The Hon. Lady Drummond19 December 204216 May 2022
32The Hon. Lord Lake16 May 2022
33The Hon. Lord Scott16 May 2022
34The Hon. Lord Stuart24 April 204116 May 2022
35The Hon. Lord Young16 May 2022
36The Hon. Lord Colbeck19 May 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
1The Rt Hon. Lord Clarke202220002016
2The Rt Hon. Lord Kingarth21 June 202419972010
3The Rt Hon. Lady Clark26 February 202420062019
4The Rt Hon. Lord Brodie14 July 202520022020
5The Rt Hon. Lord Drummond Young202520012020
6The Hon. Lady Rae20 June 202514 January 20142020
7The Hon. Lord Uist1 February 2026April 20062021

See also

Notes

    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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