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Senator of the College of Justice

 

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 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".

Contents

  • History 1
  • List of Senators 2
    • Inner House 2.1
    • Outer House 2.2
  • Retired judges 3
  • See also 4
  • References 5
  • External links 6

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 (Lord Justice General
and Lord President of the Court of Session
)
First
2 Carloway, The Rt Hon. LordThe Rt Hon. Lord Carloway (Lord Justice Clerk) 20 May 2024 August 2008 February 2000 Second
3 Eassie, The Rt Hon. LordThe Rt Hon. Lord Eassie 2015 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 Dorrian, The Rt Hon. LadyThe Rt Hon. Lady Dorrian 16 June 2017 November 2012 2005 Second
9 Bracadale, The Rt Hon. LordThe Rt Hon. Lord Bracadale 18 September 2019 1 March 2013 2003 Second
10 Drummond Young, The Rt Hon. LordThe Rt Hon. Lord Drummond Young 17 February 2020 June 2013 2001 Second
11 Clark of Calton, The Rt Hon. The LadyThe Rt Hon. The Lady Clark of Calton PC 26 February 2019 1 October 2013 2006 First
12 Malcolm, The Rt. Hon. LordThe Rt. Hon. Lord Malcolm 1 October 2023 1 July 2014 2007 Second

Outer House

Senator Mandatory retirement Appointment
13 Glennie, The Hon. LordThe Hon. Lord Glennie 3 December 2020 2005
14 Kinclaven, The Hon. LordThe Hon. Lord Kinclaven 2 June 2021 2005
15 Turnbull, The Hon. LordThe Hon. Lord Turnbull 2006
16 Brailsford, The Hon. LordThe Hon. Lord Brailsford 16 August 2024 2006
17 Uist, The Hon. LordThe Hon. Lord Uist 1 February 2021 April 2006
18 Matthews, The Hon. LordThe Hon. Lord Matthews 4 December 2028 2007
19 Woolman, The Hon. LordThe Hon. Lord Woolman 16 May 2023 March 2008
20 Pentland, The Hon. LordThe Hon. Lord Pentland (Chair of the
Scottish Law Commission)
11 March 2027 November 2008
21 Bannatyne, The Hon. LordThe Hon. Lord Bannatyne November 2008
22 Stacey, The Hon. LadyThe Hon. Lady Stacey 25 May 2024 January 2009
23 Tyre, The Hon. LordThe Hon. Lord Tyre 17 April 2026 May 2010
24 Doherty, The Hon. LordThe Hon. Lord Doherty 30 January 2028 May 2010
25 Stewart, The Hon. LordThe Hon. Lord Stewart 14 December 2016 November 2010
26 Boyd of Duncansby, The Rt Hon. The LordThe Rt Hon. The Lord Boyd of Duncansby PC 7 June 2023 26 June 2012
27 Jones, The Hon. LordThe Hon. Lord Jones 11 July 2012
29 Burns, The Hon. LordThe Hon. Lord Burns 12 July 2012
30 Scott, The Hon. LadyThe Hon. Lady Scott 2030 2 November 2012
31 Wise, The Hon. LadyThe Hon. Lady Wise 6 February 2013
32 Armstrong, The Hon. LordThe Hon. Lord Armstrong 15 February 2013
33 Rae, The Hon. LadyThe Hon. Lady Rae 20 June 2020 14 January 2014
34 Wolffe, The Hon. LadyThe Hon. Lady Wolffe 11 March 2014

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 October 2015) 12 retired judges available to sit as judges:

Senator Becomes ineligible to act as a judge Appointment Retirement
1 Wheatley, The Rt Hon. LordThe Rt Hon. Lord Wheatley 9 May 2016 2000 2001
2 Gill, The Rt Hon. LordThe Rt Hon. Lord Gill 25 February 2017 1994 2015
3 Hamilton, The Rt Hon. LordThe Rt Hon. Lord Hamilton 10 June 2017 1995 2012
4 Philip, The Rt Hon. LordThe Rt Hon. Lord Philip 3 August 2017 1996 2007
5 Nimmo Smith, The Rt Hon. LordThe Rt Hon. Lord Nimmo Smith 6 November 2017 1996 2009
6 McEwan, The Hon. LordThe Hon. Lord McEwan 12 December 2018 2000 2008
7 Hardie, The Rt Hon. The LordThe Rt Hon. The Lord Hardie 8 January 2021 2000 2012
8 Cosgrove, The Rt Hon. LadyThe Rt Hon. Lady Cosgrove 12 January 2021 1996 2006
9 Bonomy, The Rt Hon. LordThe Rt Hon. Lord Bonomy 15 January 2021 1997 2012
10 Mackay of Drumadoon, The Rt Hon. The LordThe Rt Hon. The Lord Mackay of Drumadoon 30 January 2021 2000 2013
11 Emslie, The Rt Hon. LordThe Rt Hon. Lord Emslie 17 April 2022 2001 2012
12 Kingarth, The Rt. Hon. LordThe Rt. Hon. Lord Kingarth 21 June 2024 1997 2010

See also

References

  1. ^ Court of Session Act 1988, s. 1.
  2. ^ Court of Session Act 1988, s. 2.

External links

  • Biographies of Senators
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