Judicial Mandatory Retirement Age

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Closes 14 Dec 2020

Questions

1. Do you think that the Mandatory Retirement Age 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 Mandatory Retirement Age should be raised to 72 or 75? Why do you think this age is the most appropriate?
3. Do you think that raising the Mandatory Retirement Age 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 Mandatory Retirement Age 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 Mandatory Retirement Age? Please give your reasons.
5. Do you think that judicial office holders with protected characteristics under the Equality Act 2010 would be more likely to stay in office if the Mandatory Retirement Age 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.

Protected Characteristics

The protected characteristics under the Equality Act 2010, as set out in section 4, are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

6. Do you think that increasing the Mandatory Retirement Age to 72 or 75 would attract more people to apply to judicial office? Please give your reasons.
7. Do you think raising the Mandatory Retirement Age 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 Mandatory Retirement Age 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.
9. Should the policy of allowing extensions of appointment past the Mandatory Retirement Age for applicable offices, as currently provided for in s.26(5) and (6) of the Judicial Pensions and Retirement Act 1993, be maintained if the Mandatory Retirement Age 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 the Judicial Pensions and Retirement Act 1993? Please give your reasons.
12. In the event that the Mandatory Retirement Age for reserved judicial offices is raised to either 72 or 75, do you think that the Mandatory Retirement Age 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 Mandatory Retirement Age for judicial office holders across England, Wales, Scotland and Northern Ireland?