Senator of the College of Justice

Type of judge in Scotland

Part of a series on

Scots law

Administration

* Justice and Communities Directorate of the Scottish Government
* Cabinet Secretary for Justice
* Judicial Appointments Board
* Judicial Complaints Reviewer
* Parole Board for Scotland
* Legal Aid Board
* Courts & Tribunals Service
* College of Justice
* Office of the Public Guardian
* Scottish Sentencing Council
* Law Commission
* Criminal Cases Review Commission
* Prison Service

Civil courts

* Court of Session
* Lord President
* Lord Justice Clerk
* Lord of Session
* Office of the Accountant of Court
* Acts of Sederunt
* Sheriff Court
* Sheriff Appeal Court
* Sheriff Principal
* Sheriff Personal Injury Court
* Sheriff

Criminal courts

* High Court of Justiciary
* Lord Justice-General
* Lord Justice Clerk
* Lords Commissioner of Justiciary
* Acts of Adjournal
* Sheriff courts
* Sheriff Appeal Court
* Sheriff Principal
* Sheriffs
* Justice of the peace courts
* Justices of the peace

Special courts

* Court of the Lord Lyon
* Lord Lyon King of Arms
* Children's Reporter Administration
* Children's Hearings
* Land Court
* Lands Tribunal
* Scottish Solicitors' Discipline Tribunal

Criminal prosecution

* Lord Advocate
* Crown Office and Procurator Fiscal Service
* Advocate Depute
* Procurator fiscal
* Fiscal fine
* Precognition

Legal profession

* Judiciary
* Faculty of Advocates
* Advocate
* Law Society
* Solicitor-Advocate
* Solicitor
* Association of Commercial Attorneys
* Scottish Legal Complaints Commission

* v
* t
* e

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, the senior part of the Court of Session.

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

[edit]

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

[edit]

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

[edit]

The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division.

| Senator | Mandatory retirement | Inner House appointment | Outer House appointment | Division

|
|
|
|
|

1 | The Rt Hon. Lord Pentland
(Lord President of the Court of Session and Lord Justice General) | 11 March 2032 | July 2020 | November 2008 | First
2 | The Rt Hon. Lord Beckett
(Lord Justice Clerk) |  | 1 July 2023 | 17 May 2016 | Second
3 | The Rt Hon. Lady Paton | 2027 | April 2007 | January 2000 | Second
4 | The Rt Hon. Lord Malcolm | 1 October 2028 | 1 July 2014 | 2007 | Second
5 | The Rt Hon. Lord Doherty | 30 January 2033 | December 2020 | May 2010 | First
6 | The Rt Hon. Lord Matthews | 4 December 2028 | August 2021 | 2007 | Second
7 | The Rt Hon. Lord Tyre | 17 April 2031 | 5 January 2022 | May 2010 | First
8 | The Rt Hon. Lady Wise | 22 January 2033 | 5 January 2022 | 6 February 2013 | First
9 | The Rt Hon. Lord Armstrong | 26 May 2031 | 23 June 2023 | 15 February 2013 | Second
10 | The Rt Hon. Lord Clark | 3 December 2030 | 23 September 2024 | 24 May 2016 | First
11 | The Rt. Hon. Lord Ericht | 12 September 2038 | 3 February 2025 | 31 May 2016 | First
12 | The Rt. Hon. Lady Carmichael | 26 November 2044 | 3 February 2025 | 30 June 2016 | Second

### Outer House

[edit]

| Senator | Mandatory retirement | Appointment

|
|
|

13 | The Hon. Lord Brailsford | 16 August 2029 | 2006
14 | The Rt. Hon. Lord Mulholland | 18 April 2034 | 15 December 2016
15 | The Hon. Lord Summers | 27 August 2039 | 17 March 2017
16 | The Hon. Lord Arthurson | 16 December 2039 | 17 March 2017
17 | The Hon. Lord Fairley | 20 February 2043 | 13 January 2020
18 | The Hon. Lady Poole | 11 August 2045 | 13 January 2020
19 | The Hon. Lord Harrower |  | 17 February 2020
20 | The Hon. Lord Weir | 21 Feb 2042 | 6 April 2020
21 | The Hon. Lord Braid | 6 March 2033 | 22 June 2020
22 | The Hon. Lord Sandison | 30 May 2041 | 1 March 2021
23 | The Hon. Lady Haldane |  | 1 March 2021
24 | The Hon. Lord Richardson | 26 August 2049 | 1 March 2021
25 | The Hon. Lady Drummond | 19 December 2042 | 16 May 2022
26 | The Hon. Lord Young |  | 16 May 2022
27 | The Hon. Lord Lake |  | 16 May 2022
28 | The Hon. Lord Scott |  | 16 May 2022
29 | The Hon. Lord Stuart | 24 April 2041 | 16 May 2022
30 | The Hon. Lord Colbeck |  | 19 May 2023
31 | The Hon. Lord Cubie |  | 17 June 2024
32 | The Hon. Lady Hood |  | 17 June 2024
33 | The Hon. Lord Renucci |  | 17 June 2024
34 | The Hon. Lady Ross |  | 17 June 2024
35 | The Hon. Lady Tait |  | 5 February 2025
36 | The Hon. Lord Duthie | 27 June 2050 | 9 January 2023

## Retired judges

[edit]

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:

| Senator | Becomes ineligible to act as a judge | Appointment | Retirement

|
|
|
|

1 | The Rt Hon. Lord Clarke | 2022 | 2000 | 2016
2 | The Rt Hon. Lord Kingarth | 21 June 2024 | 1997 | 2010
3 | The Rt Hon. Lady Clark | 26 February 2024 | 2006 | 2019
4 | The Rt Hon. Lord Brodie | 14 July 2025 | 2002 | 2020
5 | The Rt Hon. Lord Drummond Young | 2025 | 2001 | 2020
6 | The Hon. Lady Rae | 20 June 2025 | 14 January 2014 | 2020
7 | The Hon. Lord Uist | 1 February 2026 | April 2006 | 2021

## See also

[edit]

* Historic list of senators of the College of Justice
* Justice of the Supreme Court of the United Kingdom
* List of judges of the Court of Appeal of England and Wales
* List of High Court judges of England and Wales

## References

[edit]

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.

## External links

[edit]

* Biographies of Senators

* v
* t
* e

Court of Session

Head of the judiciary|

* Lord President of the Court of Session

Other judges|

* Lord Justice Clerk
* Senators of the College of Justice (Women • Historic)
* Lord Ordinary

Divisions|

* Inner House
* Outer House

Administration|

* Scottish Courts and Tribunals Service
* Office of the Accountant of Court
* Principal Clerk of Session and Justiciary
* Faculty of Advocates

Officers of Court|

* Advocates
* Solicitor-advocates
* Writers to the Signet
* Messengers-at-Arms

Officers of Court|

* Society of Solicitors in the Supreme Courts of Scotland
* Society of Writers to His Majesty's Signet

Buildings|

* Parliament House, Edinburgh

* v
* t
* e

Current senators of the College of Justice

Senior Judiciary|

* Lord President: Lord Pentland
* Lord Justice Clerk: Lord Beckett
* Chairman of the Scottish Land Court: Lord Duthie

Inner House|

* 1st division: Lord Doherty
* Lord Tyre
* Lady Wise
* Lord Clark
* Lord Ericht

* 2nd division: Lady Paton
* Lord Malcolm
* Lord Matthews
* Lord Armstrong
* Lady Carmichael

Outer House|

* Lord Brailsford
* Lord Mulholland
* Lord Summers
* Lord Arthurson
* Lord Fairley
* Lady Poole
* Lord Harrower
* Lord Weir
* Lord Braid
* Lord Sandison
* Lady Haldane
* Lord Richardson
* Lady Drummond
* Lord Young
* Lord Lake
* Lord Scott
* Lord Stuart
* Lord Colbeck
* Lord Cubie
* Lady Hood
* Lord Renucci
* Lady Ross
* Lady Tait

Historic list of senators of the College of Justice

* v
* t
* e

High Court of Justiciary

Chief justice|

* Lord Justice General

Other judges|

* Lord Justice Clerk
* Lords Commissioners of Justiciary

Administration|

* Scottish Courts and Tribunals Service
* Principal Clerk of Session and Justiciary

Other Officers|

* Advocates
* Solicitor-advocates
* Writers to the Signet
* Society of Solicitors in the Supreme Courts of Scotland

Buildings|

* Justiciary Building, Edinburgh
* Justiciary Buildings, Glasgow

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template