The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/744) introduce targeted adjustments to the Advocates' Graduated Fee Scheme (AGFS) within the Criminal Legal Aid (Remuneration) Regulations 2013. Effective from 28th July 2026, these amendments primarily reduce the eligibility period for wasted preparation fees from five days to two and increase the additional preparation fee for guilty pleas from £62 to £81. While seemingly minor, these changes are set against a backdrop of persistent calls for substantial reform and increased investment in criminal legal aid, following the recommendations of the Independent Review of Criminal Legal Aid. The Regulations aim to refine specific aspects of advocate remuneration in the Crown Court, impacting how practitioners are compensated for certain types of preparatory work and early case resolution.

The landscape of criminal legal aid in England and Wales continues to be a subject of intense scrutiny and ongoing reform. The recent promulgation of The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/744) marks another incremental step in the government's efforts to fine-tune the remuneration framework for advocates operating within the Crown Court. These Regulations, which come into force on 28th July 2026, directly amend Schedule 1 to the principal Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435), a statutory instrument that governs the graduated, fixed, and miscellaneous fees payable to barristers and solicitor advocates.

At their core, the 2026 Regulations introduce specific alterations to the criteria for claiming wasted preparation fees and adjust the additional preparation fee for guilty pleas. While the Ministry of Justice has indicated that these changes are not expected to have a significant impact on the wider sectors, their practical implications for individual practitioners and the broader criminal justice system warrant careful consideration. This article will delve into the specifics of these amendments, analyse their potential effects on advocate remuneration and practice, and place them within the enduring context of the debate surrounding the sustainability and funding of criminal legal aid.

The current framework for criminal legal aid remuneration is rooted in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which fundamentally reshaped the provision of legal aid in England and Wales. LASPO introduced significant cuts to legal aid, leading to widespread concerns about access to justice and the financial viability of legal aid providers. The Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) were subsequently enacted under LASPO, establishing the detailed schemes for remunerating legal aid work, including the Advocates' Graduated Fee Scheme (AGFS) for Crown Court proceedings.

Over the past decade, the criminal legal aid system has faced persistent challenges, with many practitioners arguing that fees have failed to keep pace with the complexity and volume of work, leading to a crisis in recruitment and retention within the criminal bar. These concerns culminated in the Independent Review of Criminal Legal Aid, chaired by Sir Christopher Bellamy QC, which published its report in December 2021. The Bellamy Review made 19 recommendations, crucially calling for an immediate injection of at least £135 million per year, representing a minimum 15% uplift in fees across the board, to begin nursing the system "back to health." The government's response to the Bellamy Review has seen some fee increases, but the overall sentiment among practitioners often remains that these have been insufficient to address the systemic underfunding. The 2013 Regulations have been subject to various amendments over the years, reflecting ongoing attempts to adjust the remuneration structure, such as the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 and 2022.

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026 introduce two specific, albeit limited, changes to Schedule 1 of the 2013 Regulations, which governs the Advocates' Graduated Fee Scheme (AGFS). Firstly, the Regulations amend paragraph 18(2)(a) concerning fees for wasted preparation, reducing the minimum trial length required for an advocate to be eligible for such a fee from five days to two days. This adjustment acknowledges that significant preparatory work can be rendered nugatory even in shorter trials that do not proceed as anticipated, potentially offering some relief to advocates in cases that collapse or are aborted earlier than previously recognised for remuneration purposes.

Secondly, the Regulations modify paragraph 18A, which deals with additional preparation fees. Previously, this fee was generally not available for guilty pleas. The 2026 Regulations remove the exclusion for guilty pleas and, crucially, increase the additional preparation fee from £62 to £81. This change aims to better compensate advocates for the preparatory work involved in cases that resolve through a guilty plea, recognising that such resolutions still require substantial effort and expertise, often involving detailed advice and negotiation. The increase, while modest, signals a recognition of the value of early resolution in the criminal justice system.

However, the explanatory note accompanying the 2026 Regulations states that no full impact assessment was produced, as "no, or no significant, impact on the private, voluntary or public sectors is foreseen." This assessment stands in stark contrast to the widespread calls from the legal profession for substantial fee increases, particularly the Bellamy Review's recommendation of a minimum 15% uplift. While the amendments address specific anomalies and provide minor uplifts in particular circumstances, they do not represent the systemic, across-the-board investment that many argue is essential for the long-term sustainability of the criminal bar. The changes are targeted and incremental, rather than a comprehensive overhaul designed to address the underlying economic pressures faced by legal aid practitioners. The Law Society has previously warned that inadequate remuneration risks "lasting harm" to the criminal justice system.

The limited scope of these amendments raises questions about their efficacy in stemming the exodus of experienced practitioners or attracting new talent to criminal legal aid work. While any increase or liberalisation of fee eligibility is welcome, the overall remuneration structure remains largely unchanged. The Regulations apply to services provided following a representation determination made on or after 28th July 2026, meaning that cases already in progress under older determinations will not benefit from these specific changes.

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026 represent a targeted, albeit modest, adjustment to the remuneration landscape for advocates in the Crown Court. Practitioners should familiarise themselves with the revised criteria for wasted preparation fees and the enhanced additional preparation fee for guilty pleas, as these changes will directly impact billing practices for eligible cases commencing from 28th July 2026. While these amendments offer some incremental improvements in specific areas, they do not fundamentally alter the broader financial pressures confronting the criminal legal aid sector.

The Regulations underscore the ongoing, piecemeal approach to legal aid reform, rather than the comprehensive investment advocated by the Bellamy Review and the wider legal profession. The assertion of "minimal impact" by the Ministry of Justice may be viewed with scepticism by a profession that continues to highlight the critical underfunding of criminal defence work. As such, while practitioners should welcome any positive adjustments, the long-term sustainability of the criminal legal aid system remains a pressing concern, necessitating continued advocacy for more substantial and holistic reform to ensure access to justice and a viable criminal bar for the future.