Judges' retirement age to rise to 75 in England & Wales

The mandatory retirement age for judges in England & Wales is to be raised from 70 to 75.

The move follows a UK Government consultation last year which produced majority support for this option, on the basis that it would provide the greatest benefits in retaining experienced judges and attracting new applicants for judicial office, as well as better reflect changes in life expectancy and give more flexibility to judges themselves as to when to retire.

It would reverse reductions in the retirement age which have been introduced since the 1990s.

Announcing the move, the Government acknowledged the concerns of some that the retention of older office holders could have an impact on the flow of new appointees to judicial office, which may impact on the rate of increase in the diversity of the judiciary, but said that it still expected overall diversity to increase over time.

Increasing the retirement age would impact on Scotland as respects Justices in the UK Supreme Court and some tribunals which are still administered on a UK basis. The devolved governments including the Scottish Government have consulted separately on judicial offices which are devolved matters, and the outcome is awaited.

Salaried judges who wish to continue working until the age of 75, but are unable, or prefer not to work full time, will be eligible to apply, in accordance with existing policies, for more flexible working arrangements, including salaried part-time working. Alternatively, eligible salaried judges will continue to be able to apply to sit in retirement on a fee-paid, ad hoc basis, where there is an exceptional need which cannot be met otherwise. Legislation will allow fee-paid judges similar flexibility.

Legislation will be brought forward "as soon as parliamentary time allows".

Click here to view the Government's full response to the consultation.