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 Commissioner 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
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 limits 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]
Inner House
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.[2]
Senator | Mandatory retirement | Inner House appointment | Outer House appointment | Division | |
---|---|---|---|---|---|
1 | Carloway, The Rt Hon. LordThe Rt Hon. Lord Carloway (Lord President of the Court of Session and Lord Justice General) | 20 May 2024 | August 2008 | February 2000 | First |
2 | Dorrian, The Rt Hon. LadyThe Rt Hon. Lady Dorrian (Lord Justice Clerk) | 16 June 2027 | November 2012 | 2005 | Second |
3 | Eassie, The Rt Hon. LordThe Rt Hon. Lord Eassie | 2020 | October 2006 | 1997 | First |
4 | Paton, The Rt Hon. LadyThe Rt Hon. Lady Paton | 2022 | April 2007 | January 2000 | Second |
5 | Menzies, The Rt Hon. LordThe Rt Hon. Lord Menzies | 28 August 2023 | February 2012 | 2001 | First |
6 | Smith, The Rt Hon. LadyThe Rt Hon. Lady Smith | 16 March 2025 | November 2012 | 2001 | First |
7 | Brodie, The Rt Hon. LordThe Rt Hon. Lord Brodie | 14 July 2020 | November 2012 | 2002 | First |
8 | Bracadale, The Rt Hon. LordThe Rt Hon. Lord Bracadale | 18 September 2019 | 1 March 2013 | 2003 | Second |
9 | Drummond Young, The Rt Hon. LordThe Rt Hon. Lord Drummond Young | 17 February 2020 | June 2013 | 2001 | Second |
10 | Clark of Calton, The Rt Hon. The LadyThe Rt Hon. The Lady Clark of Calton PC | 26 February 2019 | 1 October 2013 | 2006 | First |
11 | Malcolm, The Rt. Hon. LordThe Rt. Hon. Lord Malcolm | 1 October 2023 | 1 July 2014 | 2007 | Second |
Outer House
Senator | Mandatory retirement | Appointment | |
---|---|---|---|
12 | Glennie, The Rt Hon. LordThe Rt Hon. Lord Glennie | 3 December 2020 | 2005 |
13 | Kinclaven, The Hon. LordThe Hon. Lord Kinclaven | 2 June 2021 | 2005 |
14 | Turnbull, The Hon. LordThe Hon. Lord Turnbull | 2006 | |
15 | Brailsford, The Hon. LordThe Hon. Lord Brailsford | 16 August 2024 | 2006 |
16 | Uist, The Hon. LordThe Hon. Lord Uist | 1 February 2021 | April 2006 |
17 | Matthews, The Hon. LordThe Hon. Lord Matthews | 4 December 2028 | 2007 |
18 | Woolman, The Hon. LordThe Hon. Lord Woolman | 16 May 2023 | March 2008 |
19 | Pentland, The Hon. LordThe Hon. Lord Pentland (Chair of the Scottish Law Commission) | 11 March 2027 | November 2008 |
20 | Bannatyne, The Hon. LordThe Hon. Lord Bannatyne | November 2008 | |
21 | Stacey, The Hon. LadyThe Hon. Lady Stacey | 25 May 2024 | January 2009 |
22 | Tyre, The Hon. LordThe Hon. Lord Tyre | 17 April 2026 | May 2010 |
23 | Doherty, The Hon. LordThe Hon. Lord Doherty | 30 January 2028 | May 2010 |
24 | Stewart, The Hon. LordThe Hon. Lord Stewart | 14 December 2016 | November 2010 |
25 | Boyd of Duncansby, The Rt Hon. The LordThe Rt Hon. The Lord Boyd of Duncansby PC | 7 June 2023 | 26 June 2012 |
26 | Burns, The Hon. LordThe Hon. Lord Burns | 12 July 2012 | |
27 | Scott, The Hon. LadyThe Hon. Lady Scott | 2030 | 2 November 2012 |
28 | Wise, The Hon. LadyThe Hon. Lady Wise | 6 February 2013 | |
29 | Armstrong, The Hon. LordThe Hon. Lord Armstrong | 15 February 2013 | |
30 | Rae, The Hon. LadyThe Hon. Lady Rae | 20 June 2020 | 14 January 2014 |
31 | Wolffe, The Hon. LadyThe Hon. Lady Wolffe | 11 March 2014 | |
32 | Beckett, The Hon. LordThe Hon. Lord Beckett | 17 May 2016 | |
33 | Clark, The Hon. LordThe Hon. Lord Clark | 24 May 2016 | |
34 | Ericht, The Hon. LordThe Hon. Lord Ericht | 31 May 2016 | |
34 | Carmichael, The Hon. LadyThe Hon. Lady Carmichael | 30 June 2016 |
Pending appointments
- Rt Hon Frank Mulholland QC
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. There are (as of 2016) 12 retired judges available to sit as judges:
Senator | Becomes ineligible to act as a judge | Appointment | Retirement | |
---|---|---|---|---|
1 | Gill, The Rt Hon. LordThe Rt Hon. Lord Gill | 25 February 2017 | 1994 | 2015 |
2 | Hamilton, The Rt Hon. LordThe Rt Hon. Lord Hamilton | 10 June 2017 | 1995 | 2012 |
3 | Philip, The Rt Hon. LordThe Rt Hon. Lord Philip | 3 August 2017 | 1996 | 2007 |
4 | Nimmo Smith, The Rt Hon. LordThe Rt Hon. Lord Nimmo Smith | 6 November 2017 | 1996 | 2009 |
5 | McEwan, The Hon. LordThe Hon. Lord McEwan | 12 December 2018 | 2000 | 2008 |
6 | Hardie, The Rt Hon. The LordThe Rt Hon. The Lord Hardie | 8 January 2021 | 2000 | 2012 |
7 | Cosgrove, The Rt Hon. LadyThe Rt Hon. Lady Cosgrove | 12 January 2021 | 1996 | 2006 |
8 | Bonomy, The Rt Hon. LordThe Rt Hon. Lord Bonomy | 15 January 2021 | 1997 | 2012 |
9 | Mackay of Drumadoon, The Rt Hon. The LordThe Rt Hon. The Lord Mackay of Drumadoon | 30 January 2021 | 2000 | 2013 |
10 | Emslie, The Rt Hon. LordThe Rt Hon. Lord Emslie | 17 April 2022 | 2001 | 2012 |
11 | Clarke, The Rt. Hon. LordThe Rt. Hon. Lord Clarke | 2022 | 2000 | 2016 |
12 | Kingarth, The Rt. Hon. LordThe Rt. Hon. Lord Kingarth | 21 June 2024 | 1997 | 2010 |
See also
- 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