Question
To ask Her Majesty's Government what plans they have, if any, to recruit retired judges and magistrates to serve on a temporary basis to reduce delays in court hearings; and, in bringing forward any such plans, what assessment they have made of their potential contribution to reducing these delays.
Answered on
3 June 2021
The mandatory retirement age for most judicial office holders, including magistrates and judges, is 70. The Lord Chief Justice (or in some instances the Senior President of Tribunals) may, with the agreement of the Lord Chancellor, extend the appointment of judges below the High Court following their compulsory retirement date for a period of one year and for further one-year periods, up to the point at which the judge turns 75, where it is in the public interest to do so. In addition, many salaried judges may be authorised to sit in retirement on a fee paid basis.
The government intends to legislate to raise the judicial mandatory retirement age (MRA) to 75 through the Public Service Pensions and Judicial Offices Bill, to be introduced shortly. The legislation will include a transitional provision to enable retired magistrates who are younger than the new MRA to apply to return to the bench, subject to business need. The process by which such applications are to be made and considered will be set out in due course.
These and other measures to increase judicial capacity to meet demand are crucial to ensure we can continue to support the recovery of our courts and tribunals and reduce delays in hearings.