Judges’ retirement age to be raised to 75

Recruitment crisis and court delays due to pandemic prompt change from Ministry of Justice

JUDGES’ retirement age is to rise to 75 to help stem a recruitment crisis.

They will be allowed to stay on five years longer in recognition of the fact that the proportion of people working into their 70s has doubled in a decade to more than one in 12.

It is the first change in their retirement age for 27 years and will prevent a haemorrhage of experienced judges at a time when the pandemic has caused major delays in justice amid a growing backlog in cases, peaking at more than 54,000 in the crown court.

There are currently 1,000 vacancies for judges – whose pay is well below a top QC’S earnings – and the age change will retain almost 400 a year who would otherwise have been forced to retire at 70, equivalent to 5 per cent of the head count or 40 per cent of the empty posts.

The Ministry of Justice (MOJ) said it could also increase the proportion of women judges by attracting back those who may have had gaps in their career “to balance professional and family responsibilities”. The increase in the retirement age to 75 will also include magistrates, as revealed last month by The Daily Telegraph, and coroners.

Magistrates’ courts are already beset by shortages but, over the next decade, they face the loss of more than half of the 13,177 magistrates who are currently in their 60s. The MOJ estimated it could retain about 2,122 magistrates, equivalent to 15 per cent of the bench in England and Wales.

Robert Buckland, the Justice Secretary, said: “Our judges, magistrates and coroners are world-renowned for their excellence, expertise and independence. It is right we hold on to them and do not cut off careers unnecessarily.

“Raising the retirement age will mean we can retain their invaluable experience, while ensuring that judicial roles are open to a wider pool of talent.

“It will also make sure our courts and tribunals can continue to benefit from a world-class judiciary, as we emerge from the pandemic and beyond.”

A compulsory retirement for judges of the High Court and above was first introduced by the Judicial Pensions Act 1959, which set it at 75. Before this,

judges were not compelled to retire at all, and could continue for as long as they wished like the US supreme court.

Then in 1993, the Judicial Pensions and Retirement Act brought it down to 70 to bring consistency across all the different benches, a decision agreed by the Government and judiciary.

But anyone appointed before the act became law in 1995 could continue to 75, as Baroness Hale did until her retirement as the head of the Supreme Court.

Before her retirement, she called for the age to be raised, urging the Government to target lawyers in their 60s, who might no longer be concerned about reaching their maximum earning power. It followed a recruitment round when just 10 of the 25 high court posts were filled.

A similar appeal was made by Lord Neuberger, when president of the Supreme Court, who expressed concern about the increasing number of “refuseniks” – advocates who were refusing to move to the bench because of misgivings about pay and treatment.

The Government is also investing £1 million to recruit more people into the magistracy and improve its diversity from under-represented groups, such as the BAME community.

Ministers will legislate to increase the mandatory retirement age as soon as parliamentary time allows.

Magistrates above 70 who have retired before the increase will be able to come back to the bench if there is a need in their area.