Scots judicial retirement age could rise: consultation

Scottish judges could find their mandatory retirement age (MRA) rising under a new Scottish Government consultation.

In line with the other UK jurisdictions, ministers are considering whether the MRA for Scottish judicial offices should be raised from the present 70, and if so, whether this should be to 72 or 75 – and whether the Scottish MRA should maintain parity with that in the rest of the UK.

The consultation also invites views on a proposal that would allow judicial appointments to be extended beyond the MRA, as is currently possible for some offices when it is in the public interest.

The current retirement of 70 derives from legislation of 1993. The paper notes that since the MRA was set, average life expectancy has increased and many people want to and expect to continue working for longer than in previous decades.

Relevant factors in the case of judicial office holders include how to ensure effective resourcing of courts, tribunals and other judicial functions; the need to promote opportunity and diversity through a steady turnover of retirements to allow for new appointments; and ensuring judicial independence and public confidence in the judiciary is protected. 

The Scottish Parliament's powers to set the MRA cover the Lord President, Lord Justice Clerk and other judges of the Court of Session; sheriff principal, sheriffs and summary sheriffs; justices of the peace; and members of the Scottish Land Court, Lands Tribunal for Scotland, Scottish tribunals and the Pensions Appeal Tribunal.

Click here to access the consultation. The deadline for responses is 14 December 2020.