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 35 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 sit 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 administration. As a result, some judges have specialist duties, for instance, to ensure the efficient administration of the courts and tribunals, 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.

HMA v Stephen Reeson

Wednesday, 10 February, 2016
Sentencing Statements

At the High Court in Edinburgh Lord Armstrong sentenced Stephen Reeson to 4 years in prison after he pled guilty to sexual offences against a minor.

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HMA v Robert Scott

Tuesday, 26 January, 2016
Sentencing Statements

At the High Court in Edinburgh on 26 January 2016, Judge Arthurson QC sentenced Robert Scott to five years imprisonment after the accused pled guilty to assault to severe injury and danger of life.

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HMA v Mohammed Ali Abboud

Thursday, 21 January, 2016
Sentencing Statements

At the High Court in Edinburgh on 21 January 2016, Lord Uist sentenced Mohammed Ali Abboud to life imprisonment with a punishment part of 20 years after the accused was found guilty of the murder of Agnieska Szefler.

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HMA v Nathan Cook

Tuesday, 19 January, 2016
Sentencing Statements

At the High Court in Edinburgh on 19 January 2016, Lord Uist sentenced Nathan Cook to nine-and-a-half years’ imprisonment after the accused was convicted of being concerned in the supply of heroin.

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HMA v Graham Campbell

Tuesday, 19 January, 2016
Sentencing Statements

At the High Court in Edinburgh on 19 January 2016, Lady Wolffe imposed an extended sentence of six years imprisonment on Graham Campbell after the accused pled guilty to assault with a knife and theft.

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