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Senator of the College of Justice

From Wikipedia, the free encyclopedia
(Redirected fromLord of Session)
Type of judge in Scotland

Part of a series on
Scots law

Thesenators of the College of Justice in Scotland are judges of theCollege of Justice, a set of legal institutions involved in theadministration of justice in Scotland. There are three types of senator: Lords of Session (judges of theCourt of Session); Lords Commissioners of Justiciary (judges of theHigh Court of Justiciary); and the Chairman of theScottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the termsenator is almost exclusively used in referring to the judges of these courts.

Senators of the college use thejudicial courtesy title ofLord orLady along with a surname or a territorial name. Note, however, that some senators have apeerage 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 alsoprivy counsellors orpeers have the honorific,The Right Honourable. Senators are made privy counsellors upon promotion to theInner House, the senior part of the Court of Session.

Under section 11 of theTreason 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

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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, someofficers of state were included as senators, including theLord Advocate,Lord Clerk Register,Master of Requests and theSecretary of State.

List of senators

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TheCourt of Session Act 1988, when enacted, limited the number of senators of the College of Justice (aside from the chairman of theScottish 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

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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 Pentland
(Lord President of the Court of Session and Lord Justice General)
11 March 2032July 2020November 2008First
2The Rt Hon. Lord Beckett
(Lord Justice Clerk)
1 July 202317 May 2016Second
3The Rt Hon. Lady Paton2027April 2007January 2000Second
4The Rt Hon. Lord Malcolm1 October 20281 July 20142007Second
5The Rt Hon. Lord Doherty30 January 2033December 2020May 2010First
6The Rt Hon. Lord Matthews4 December 2028August 20212007Second
7The Rt Hon. Lord Tyre17 April 20315 January 2022May 2010First
8The Rt Hon. Lady Wise22 January 20335 January 20226 February 2013First
9The Rt Hon. Lord Armstrong26 May 203123 June 202315 February 2013Second
10The Rt Hon. Lord Clark3 December 203023 September 202424 May 2016First
11The Hon. Lord Ericht12 September 20383 February 202531 May 2016First
12The Hon. Lady Carmichael26 November 20443 February 202530 June 2016Second

Outer House

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SenatorMandatory retirementAppointment
13The Hon. Lord Brailsford16 August 20292006
14The Rt. Hon. Lord Mulholland18 April 203415 December 2016
15The Hon. Lord Summers27 August 203917 March 2017
16The Hon. Lord Arthurson16 December 203917 March 2017
17The Hon. Lord Fairley20 February 204313 January 2020
18The Hon. Lady Poole11 August 204513 January 2020
19The Hon. Lord Harrower17 February 2020
20The Hon. Lord Weir21 Feb 20426 April 2020
21The Hon. Lord Braid6 March 203322 June 2020
22The Hon. Lord Sandison30 May 20411 March 2021
23The Hon. Lady Haldane1 March 2021
24The Hon. Lord Richardson26 August 20491 March 2021
25The Hon. Lady Drummond19 December 204216 May 2022
26The Hon. Lord Young16 May 2022
27The Hon. Lord Lake16 May 2022
28The Hon. Lord Scott16 May 2022
29The Hon. Lord Stuart24 April 204116 May 2022
30The Hon. Lord Colbeck19 May 2023
31The Hon. Lord Cubie17 June 2024
32The Hon. Lady Hood17 June 2024
33The Hon. Lord Renucci17 June 2024
34The Hon. Lady Ross17 June 2024
35The Hon. Lady Tait5 February 2025
36The Hon. Lord Duthie27 June 20509 January 2023

Retired judges

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There are also some retired judges who still sit occasionally in theCourt of Session or theCourt 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

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References

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  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, fromlegislation.gov.uk.
  8. ^The Maximum Number of Judges (Scotland) Order 2022.
  9. ^"Senators of the College of Justice". Judiciary of Scotland. Retrieved22 November 2022.

External links

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