Senator of the College of Justice
Encyclopedia
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 Counsellor
s or peers
have the honorific, The Right Honourable
. Senators are made Privy Counsellors upon promotion to the Inner Court.
Under section 11 of the Treason Act 1708
, it is treason to kill a Senator of the College of Justice when he is sitting in judgement in exercise of the judicial office within Scotland.
, Lord Clerk Register
, Master of Requests
and the Secretary of State
.
, The Hon. Lord McGhie
, ranks as a Senator of the College of Justice.
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.
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, 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
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
); Lords Commissioner of Justiciary (judges of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
); and the Chairman of the Scottish Land Court
Scottish Land Court
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...
. 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
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
title, which would be used instead of the senatorial title. All Senators of the College have the honorific, The Honourable
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
, before their titles, while those who are also Privy Counsellor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
s or peers
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
have the honorific, The Right Honourable
The Right Honourable
The Right Honourable is an honorific prefix that is traditionally applied to certain people in the United Kingdom, Canada, Australia, New Zealand, the Anglophone Caribbean and other Commonwealth Realms, and occasionally elsewhere...
. Senators are made Privy Counsellors upon promotion to the Inner Court.
Under section 11 of the Treason Act 1708
Treason Act 1708
The Treason Act 1708 is an Act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707. It came into effect on 1 July 1709. Some of it is still in force today...
, it is treason to kill a Senator of the College of Justice when he is sitting in judgement in exercise of the judicial office within Scotland.
History
In the past other officers of state were included as Senators, including the Lord AdvocateLord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, Lord Clerk Register
Lord Clerk Register
The office of Lord Clerk Register is the oldest surviving Great Officer of State in Scotland, with origins in the 13th century.The Clerk-Register was from ancient times the principal Clerk in the kingdom, from whom all other clerks, whatever their government positions, and who were essentially his...
, Master of Requests
Master of Requests
The Master of Requests was a Great Officer of State in Scotland.The office first appeared in the reign of James V. Its functions in Scotland included that of receiving petitions from subjects and presenting them for consideration by the Privy Council...
and the Secretary of State
Secretary of State, Scotland
The Secretary of Scotland was a senior post in the pre-Union government of Scotland.The office appeared in the 14th century when it was combined with that of Keeper of the Privy Seal. Called Clericus Regis , he was regarded as an Officer of State...
.
List of Senators
In addition to those listed below, the Chairman of the Scottish Land CourtScottish Land Court
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...
, The Hon. Lord McGhie
James McGhie, Lord McGhie
James Marshall McGhie, Lord McGhie is the Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland, and a Senator of the College of Justice.-Personal life:...
, ranks as a Senator of the College of Justice.
First Division
- The Rt Hon. Lord HamiltonArthur Hamilton, Lord HamiltonArthur Campbell Hamilton, Lord Hamilton, PC , is Scotland's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session in November 2005, succeeding Lord Cullen.-Early life:...
(Lord Justice General and Lord President of the Court of SessionLord President of the Court of SessionThe Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
) - The Rt Hon. Lord EassieRonald Mackay, Lord EassieRonald David Mackay, Lord Eassie is a Scottish lawyer and judge of the country's Supreme Courts, sitting in the Inner House of the Court of Session.-Education:...
- The Rt Hon. Lord ReedRobert Reed, Lord ReedRobert John Reed, Lord Reed is a Scottish lawyer and has been a Senator of the College of Justice, a judge of the country's supreme courts, since 1998. He sat as the principal judge in the Commercial Court before being promoted to the Inner House of the Court of Session in 2008, and has sat as a...
- The Rt Hon. The Lord HardieAndrew Hardie, Baron HardieAndrew Rutherford Hardie, Baron Hardie, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer...
PC - The Rt Hon. Lord BonomyIain Bonomy, Lord BonomyThe Rt Hon. Iain Bonomy, Lord Bonomy PC, is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session...
- The Rt Hon. Lord EmslieGeorge Emslie, Lord EmslieGeorge Nigel Hannington Emslie, Lord Emslie PC is a judge of the Supreme Courts of Scotland. He is the son of former Lord President George Emslie, Baron Emslie, and older brother of fellow judge Derek Emslie, Lord Kingarth.-Early life:...
Second Division
- The Rt Hon. Lord GillBrian Gill, Lord GillBrian Gill, Lord Gill is Lord Justice Clerk of Scotland, the country's second most senior judge, and Chairman of the Board of Governors of the Royal Scottish Academy of Music and Drama. In February 2007 the Scottish Executive announced that Lord Gill was to head a review of Scotland's civil courts...
(Lord Justice ClerkLord Justice ClerkThe Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session...
) - The Rt Hon. Lord OsborneKenneth Osborne, Lord OsborneKenneth Hilton Osborne, Lord Osborne PC is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session...
- The Rt Hon. Lady PatonAnn Paton, Lady PatonAnn Paton, is a Scottish lawyer and Senator of the College of Justice, a judge of the country's Supreme Courts, sitting in the High Court of Justiciary and the Inner House of the Court of Session...
- The Rt Hon. Lord CarlowayColin Sutherland, Lord CarlowayColin John MacLean Sutherland, Lord Carloway is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.-Early life:...
- The Rt Hon. Lord ClarkeMatthew Clarke, Lord ClarkeMatthew Gerald Clarke, Lord Clarke is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.-Early life:...
- The Rt Hon. The Lord Mackay of DrumadoonDonald Mackay, Baron Mackay of DrumadoonDonald Sage Mackay, Baron Mackay of Drumadoon, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer. He is one of five additional Lords of Appeal in the House of Lords....
PC
Outer House
- The Hon. Lord MenziesDuncan Menzies, Lord MenziesDuncan Adam Young Menzies, Lord Menzies QC is a judge of the Supreme Courts of Scotland.-Early life:Menzies was educated at the independent Cargilfield Preparatory School in Edinburgh, before obtaining a scholarship to Glenalmond College, Perthshire...
- The Hon. Lord Drummond YoungJames Drummond Young, Lord Drummond YoungJames Edward Drummond Young, Lord Drummond Young QC is a judge of the Supreme Courts of Scotland and Chairman of the Scottish Law Commission.-Early life:...
(Chairman of the Scottish Law CommissionScottish Law CommissionThe Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
) - The Hon. Lady Smith
- The Hon. Lord Brodie
- The Hon. Lord BracadaleAlastair Campbell, Lord BracadaleAlastair Peter Campbell, Lord Bracadale, QC is a Scottish advocate and Senator of the College of Justice.-Early life:Campbell was born on 18 September 1949 in Skye, Scotland, to Rev. Donald Campbell and Margaret Campbell, although his family moved to Edinburgh when he was just two years old, where...
- The Hon. Lady DorrianLeeona Dorrian, Lady DorrianLeeona June Dorrian, Lady Dorrian QC is a Judge of the Supreme Courts of Scotland.-Early life:Dorrian was born in Edinburgh and educated at Cranley Girls' School in the city. She studied at the School of Law of the University of Aberdeen, graduating LL.B...
- The Hon. Lord HodgePatrick Hodge, Lord HodgePatrick Stewart Hodge, Lord Hodge is a Scottish lawyer and Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord GlennieAngus Glennie, Lord GlennieAngus James Scott Glennie, Lord Glennie is a Senator of the College of Justice, and Principal Commercial Judge in the Court of Session, in Scotland.-Early life:...
- The Hon. Lord KinclavenAlexander Wylie, Lord KinclavenAlexander Featherstonhaugh Wylie, Lord Kinclaven is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.-Early life:...
- The Hon. Lord TurnbullAlan Turnbull, Lord TurnbullAlan Turnbull, Lord Turnbull is a Scottish lawyer, and a Senator of the College of Justice, a judge of the country's Supreme Courts. He was one of the lead prosecutors in the Pan Am Flight 103 bombing trial.-Early life:...
- The Rt Hon. The Lady Clark of CaltonLynda Clark, Baroness Clark of CaltonLynda Margaret Clark, Baroness Clark of Calton, QC is a Scottish judge. She was formerly the Labour Member of Parliament for Edinburgh Pentlands...
PC - The Hon. Lord BrailsfordNeil Brailsford, Lord BrailsfordNeil Brailsford, Lord Brailsford is a Scottish lawyer and Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord UistRoderick Macdonald, Lord UistRoderick Francis Macdonald, Lord Uist is a Scottish judge. As a Senator of the College of Justice, he is a member of the Court of Session, Scotland's highest court.-Early life:...
- The Hon. Lord MalcolmColin Campbell, Lord MalcolmColin Malcolm Campbell, Lord Malcolm is a Scottish lawyer, and a Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord MatthewsHugh Matthews, Lord MatthewsHugh Matthews, Lord Matthews is a Scottish lawyer, and a Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord WoolmanStephen Woolman, Lord WoolmanStephen Errol Woolman, Lord Woolman is a Scottish legal academic, and a Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord PentlandPaul Cullen, Lord PentlandPaul Benedict Cullen, Lord Pentland is a former Solicitor General for Scotland and a Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
- The Hon. Lord BannatyneIain Peebles, Lord BannatyneIain Peebles, Lord Bannatyne is a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session in Scotland.-Career:...
- The Hon. Lady StaceyValerie Stacey, Lady StaceyValerie Elizabeth Stacey, Lady Stacey is a Scottish lawyer, and a Senator of the College of Justice, a judge of the country's Supreme Courts. She was the first woman ever elected Vice-Dean of the Faculty of Advocates.-Early life:...
- The Hon. Lord TyreColin TyreColin Jack Tyre, Lord Tyre CBE is a Scottish lawyer, former President of the Council of Bars and Law Societies of Europe, and a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.-Early life:...
- The Hon. Lord DohertyRaymond DohertyRaymond Doherty, Lord Doherty is a Scottish lawyer and Senator of the College of Justice, a judge of the Supreme Courts of Scotland.-Early life:...
- The Hon. Lord StewartAngus Stewart, Lord StewartAngus Stewart, Lord Stewart is a Scottish lawyer and Senator of the College of Justice, a judge of the Supreme Courts of Scotland.-Early life:Stewart was born in Campbeltown and educated at Dalintober Primary School and the Edinburgh Academy...
Retired judges
There are also some retired judges who still sit occasionally in the Court of SessionCourt of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
or the Court of Criminal Appeal
Court of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See 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.