Senators of the College of Justice
Judicial and administrative duties
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Senators of the College of Justice are judges who sit in the Court of Session and the High Court of Justiciary. The senators achieve the necessary competence in both civil and criminal law and procedure in order to deal with the most important cases in both fields. The college was established in the sixteenth century. There are currently 34 senators.
Click here for a list of Inner House and Outer House senators.
For biographical details of each senator see below.
Sitting in the Court of Session, they deal with a wide range of civil matters, particularly complex and high value cases based on contractual disputes, judicial review, delict (a civil wrong) and the law relating to property, revenue, commerce, companies and intellectual property. Cases of constitutional importance have become more frequent.
The judges are divided between the court’s Outer House, which usually hears new cases, and its Inner House, which deals mostly with appeals. The Inner House is further divided into the First and Second Divisions, which have equal authority and are chaired by the Lord President and Lord Justice Clerk respectively. The Divisions normally site in panels of three judges. A jury of 12 lay people is required in some Outer House cases but judges there normally sit alone. After hearing civil cases, they produce reasoned judgments called opinions, usually by working outside court hours.
In the High Court of Justiciary, the judges deal with the most serious crimes, such as murder, rape, culpable homicide and armed robbery. Here, they are technically referred to as Lords Commissioner of Justiciary.
High Court judges hear both new trials, also referred to as cases at first instance, and appeals. When sitting at first instance, a single judge presides over a case, which is tried by a jury of 15 men and women. The judge controls the proceedings in court, rules on legal challenges, gives legal directios to the jury and, if there is a conviction, sentences the accused. The judges also supervise the preparation of criminal cases to ensure they are ready to proceed. High Court judges travel on a circuit of the cities and major towns of the country. Two or more judges sit together to hear appeals against sentence and conviction.
Judges’ primary functions are to hear and determine cases but increasingly they have responsibility for case management and the administration of the court service. As a result, some judges have specialist duties, for instance, to ensure the efficient administration of the courts, organise training, hear certain cases or represent Scotland on international bodies.
For more information about the office of senator click here.
Appointment
Judges are appointed by the Queen on the recommendation of the First Minister, who receives recommendations from the Judicial Appointments Board for Scotland. They must have exercised certain functions for at least five years – worked as an advocate, sheriff principal, sheriff or solicitor with rights of audience in the supreme courts. Traditionally, the Scottish Bench comprises the most able and experienced legal professionals. Judges must retire at 70.
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Lord Hamilton was appointed Lord President and Lord Justice General in December 2005.
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Lord Gill was appointed Lord Justice Clerk and President of the Second Division of the Inner House in November 2001
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Lord Eassie was appointed a Judge of the Supreme Courts in 1997 and was appointed to the Inner House in 2006.
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Lady Paton was appointed a Judge in January 2000 and
an Appeal Court Judge and Privy Counsellor in April 2007.
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Lord Carloway was appointed a Judge in February 2000. and
was appointed to the Second Division of the Inner House
in August 2008.
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Lord Clarke was appointed a Judge in February 2000 and
was appointed to the Second Division of the Inner House
in August 2008.
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Lord Hardie was appointed to the First Division of the Court of
Session on 1 December 2009, having been appointed a
Judge in March 2000 after serving as Lord Advocate since 1997.
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The Right Hon The Lord Mackay of Drumadoon was appointed a Judge in March 2000. In May 2010 he was appointed to the Inner House.
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Lord Bonomy was appointed a Judge of the Supreme Courts in January 1997. In August 2010 he was appointed to the Inner House. He has also served as a judge of the UN International Criminal Tribunal.
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Lord Emslie was appointed a Judge of the Supreme Courts in 2001 and was appointed to the Inner House in December 2010.
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Lord Menzies was appointed a Judge of the Supreme Courts in 2001 and was appointed to the Inner House in February 2012.
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Lord Drummond Young was appointed a Judge of the Supreme Courts in 2001.
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Lady Smith was appointed a Judge of the Supreme Courts in 2001.
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Lord Brodie was appointed a Judge of the Supreme Courts in 2002.
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Lord Bracadale was appointed a Judge of the Supreme Courts in 2003.
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Lady Dorrian was appointed a Judge of the Supreme Courts in 2005, having served as a Temporary Judge since 2002.
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Lord Hodge was appointed a Judge of the Supreme Courts in 2005.
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Lord Glennie was appointed a Judge of the Supreme Courts in 2005. In 2007 he was appointed a Commercial Judge and is currently the Principal Commercial Judge.
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Lord Kinclaven was appointed a Judge of the Supreme Courts in 2005.
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Lord Turnbull was appointed a Judge of the Supreme Courts in 2006.
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Lady Clark of Calton was appointed a Judge of the Supreme Courts in 2006.
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Lord Brailsford was appointed a Judge of the Supreme Courts in 2006
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Lord Uist was appointed a Judge of the Supreme Courts in April 2006, having previously served as a Temporary Judge from July 2001
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Lord McGhie has been Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland and since 1996.
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Lord Malcolm was appointed a Judge of the Supreme Courts in 2007.
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Lord Matthews was appointed a Judge of the Supreme Courts in 2007, having served as a Temporary Judge since February 2004
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Lord Woolman was appointed a Judge of the Supreme Courts in March 2008.
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Lord Pentland was appointed as a Judge of the Supreme Courts in November 2008.
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Having served as a Temporary Judge of the Court of Session and of the High Court of Justiciary since 2003, Lord Bannatyne was appointed a Judge of the Supreme Courts in November 2008.
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Lady Stacey was appointed a Judge of the Supreme Courts in January 2009
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Lord Tyre was appointed a Judge of the Supreme Courts in May 2010
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Lord Doherty was appointed as a Judge of the Supreme Courts in May 2010
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Lord Stewart was appointed a Judge of the Supreme Courts in November 2010
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