Judicial mandatory retirement age: consultation
This consultation welcomes views on the mandatory retirement age (MRA) for devolved judicial office holders in Scotland whose MRA falls within the legislative competence of the Scottish Parliament.
Call for Evidence
Questions about the MRA
1. Do you think that the MRA for devolved judicial office holders should be increased? Please give your reasons. You may wish to reference a specific judicial office holder type – e.g. Sheriff or Summary Sheriff
2. If so, do you think the MRA should be raised to 72 or 75? Why do you think this age is the most appropriate?
3. Do you think that raising the MRA to either 72 or 75 would result in judicial office holders who currently retire before the age of 70 remaining in office for longer? Please give your reasons.
4. Do you think raising the MRA to 72 or 75 would have an adverse impact on the diversity of the judiciary? If yes, do you think this impact is significant enough to prevent a change to the MRA? Please give your reasons.
5. Do you think that judicial office holders with protected characteristics under the Equality Act 2010would be more likely to stay in office if the MRA was raised to 72 or 75? Please state which office holders you think would be more likely to stay in office in your answer and give your reasons.
6. Do you think that increasing the MRA to 72 or 75 would attract more people to apply to judicial office? Please give your reasons.
7. Do you think raising the MRA to 72 or 75 is likely to attract a more diverse range of applicants for judicial office? Please give your reasons.
8. Would raising the MRA to 72 or 75 cause you to have less confidence in the judiciary? Please give your reasons. You may wish to reference a specific judicial office holder type.
Extension past MRA
9. Should the policy of allowing extensions of appointment past the MRA for applicable offices, as currently provided for in s.26(5) and (6) of JUPRA, be maintained if the MRA is increased to 72?
10. Are there any circumstances where it may be justifiable for a judge to sit, exceptionally, beyond the age of 75 for a short period?
11. Should the power for judicial appointments to be extended be available to any other judicial offices in Scotland, not currently covered by s.26(5) and (6) of JUPRA? Please give your reasons.
Questions about parity with UK for judicial offices
12. In the event that the MRA for reserved judicial offices is raised to either 72 or 75, do you think that the MRA for devolved Scottish judicial offices should be raised to maintain parity with the rest of the UK? Please give your reasons.
13. Please provide any other comments you have on retaining parity of MRA for judicial office holders across England, Wales, Scotland and Northern Ireland?
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