Potential increase in retirement age for English judges could have implications for Scotland

A UK Ministry of Justice consultation on raising England’s mandatory retirement age (MRA) for judges, magistrates and coroners could have implications for their counterparts in Scotland.

The recently released consultation examines some of the implications of increasing the current MRA of 70, which was established in 1993, to 72 or 75.

Setting out a rationale for change, the consultation document states that the recruitment picture for many judicial offices in England and Wales has changed significantly in recent years with more frequent and higher volume recruitment for most types of judges and a greater proportion of exercises resulting in shortfalls. 

In addition, life expectancy in the UK has improved since the MRA of 70 was legislated. Given that individuals now tend to live and work for longer, it could be that a higher MRA may now be justifiable and proportionate to make sure it is possible to recruit and retain judicial office holders to meet the business requirements of courts and tribunals.

Although the consultation focuses on England it is possible that any subsequent changes could be mirrored across the UK. The document states: “We also believe there are merits to maintaining a consistent MRA across the UK, although this matter requires further consideration with the governments of Scotland, Northern Ireland and Wales.”

The consultation closes on 16 October 2020.

You can read the consultation document here.