Committee publication · Correspondence · 7 July 2026
Correspondence from Sarah Sackman KC MP, Minister for Courts and Legal Services, dated 3 July 2026 relating to the Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2026
From: Justice Committee
Summary
Sarah Sackman KC, Minister for Courts and Legal Services, informs the Justice Committee that statutory instrument regulations implementing criminal legal aid fee changes for advocates have been laid on 3 July 2026. The regulations increase preparation fees, expand eligibility to guilty plea cases, and lower the trial-length threshold for wasted preparation claims, aiming to reconcile a £4.5m underspend from prior commitments and encourage early case preparation.
Key findings
- Additional preparation fixed fee for advocates increased from £62 to £81 (ex VAT), now applicable to guilty plea cases previously excluded.
- Trial-length threshold for wasted preparation claims reduced from five days to two days, lowering barriers to early advocate preparation.
- A £4.5m (£5.4m inc. VAT) underspend accumulated by March 2025 under prior spending commitments for section 28 cases, which these measures aim to reconcile within approximately three years.
- Changes form a preliminary step to wider advocate legal aid remuneration investment announced by the Deputy Prime Minister on 2 December 2025, with a public consultation planned.
- Independent Review of the Criminal Courts and Criminal Legal Aid Advisory Board identified fee scheme emphases requiring adjustment to promote early preparation and inter-party engagement in Crown Court cases.
Tone
ProceduralTopics
Key actors
Sarah Sackman KC MP, Andy Slaughter MP, Criminal Bar Association, Bar Council, Deputy Prime Minister, Criminal Legal Aid Advisory Board, Ministry of Justice
Notable line
“The measures now being implemented aim to reconcile that " underspend " within approximately three years (exact timescales will depend on actual case volumes) but they are designed to align with, and preface …”
Key Quotes
“Increases the level of the additional preparation fixed fee provided for at para. 18A of the Regulations from £62 (exc. VAT) to £81”
“Reducing the trial day threshold lowers this barrier. Uplifting the value of the additional preparation fixed fee and loosening the requirements around the claiming of wasted preparation represents the first step towards rebalancing the AGFS so that fees encourage …”
“Case volumes (notably for s.28) were lower than had been forecast at the time of the agreement, which resulted in a total deficit in spend of £4.5m”
Source · parliament.uk record ↗