Policy background Judicial Mandatory Retirement Age
The judicial mandatory retirement age (MRA) is the upper age at which judicial office holders, including judges, tribunals’ non-legal members, magistrates, and coroners, are required to vacate office. The MRA does not prevent judicial office holders from resigning or retiring earlier should they wish to.
	The MRA may be seen as an important requirement of judicial office which helps to preserve public confidence in the health and capacity of those appointed, while protecting judicial independence by avoiding the need for individual assessments and the possibility of judicial office holders being removed at the whim of the Executive. It also supports judicial resource planning and promotes the diversity of the judiciary by ensuring a steady flow of new appointments.
	Although retaining an MRA is important for the above reasons, it has been over 25 years since the MRA was set at 70 for the majority of judicial office holders. Since then, the structure and operation of courts and tribunals have developed and so have the resourcing needs of the judiciary. Meanwhile, the average life expectancy in the UK has increased significantly and a greater number of people are now working for longer.
	The UK Government consulted in 2020 on proposals to increase the MRA. Following careful consideration of over 1000 responses, the Government decided to raise the MRA to 75. This is intended to help ensure the judiciary can continue to meet the demands of courts and tribunals by retaining valuable judicial expertise for longer and attracting a greater number of potential candidates for judicial office from diverse backgrounds.
	Unlike judges, there is no provision which allows magistrates to have their appointments extended beyond the current MRA. To further support the resourcing of magistrates’ courts, the Government decided that, as part of the MRA increase, provision is made to allow the reinstatement of those retired magistrates who are younger than 75 and who wish to return to continue sitting, where this is necessary to meet business needs.
	The Scottish Government, the Welsh Government and the Department of Justice in Northern Ireland conducted separate consultations on similar proposals for those judicial office holders whose MRA is a devolved matter for their legislatures, and they also decided to raise the MRA of those offices to 75. Their consultation response noted the importance of maintaining parity across the United Kingdom to preserve public confidence in the judiciary and ensure equal opportunities for judicial office holders across jurisdictions.