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

Published: Fri 3rd Jul 26

This statutory instrument amends the remuneration framework for legal advocates performing criminal legal aid work in the Crown Court of England and Wales.

It adjusts the Advocates' Graduated Fee Scheme by lowering the eligibility threshold for wasted preparation fees and increasing both the rate and scope of additional preparation fees.

These changes apply to legal services authorized through representation determinations made on or after July 28, 2026.

Arguments For

The document indicates that the regulations expand eligibility for the additional preparation fee by removing the exclusion for guilty pleas.
The order states that the threshold for claiming wasted preparation fees is reduced from five days to two days, allowing advocates to seek compensation for preparation on shorter trials that do not proceed.
Proponents may argue that increasing the additional preparation fee from £62 to £81 provides enhanced remuneration for advocates performing complex preparatory work.
The explanatory note suggests these changes update the existing fee structures established under the Criminal Legal Aid (Remuneration) Regulations 2013 to better reflect work performed by advocates.

Arguments Against

Legal practitioners might argue that the increase in the additional preparation fee to £81 remains insufficient to cover the actual time and expertise required for complex case preparation.
Critics could argue that the two-day threshold for wasted preparation still excludes advocates working on single-day cases that are canceled or postponed, leading to uncompensated labor.
Some stakeholders may express concern that the regulations do not address broader inflationary pressures or structural issues within the Advocates' Graduated Fee Scheme beyond these specific adjustments.
The absence of a full impact assessment, as noted in the explanatory note, might be questioned by groups seeking detailed data on how these changes affect the sustainability of the criminal bar.

—(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026.

(2) These Regulations come into force on 28th July 2026.

(3) These Regulations extend to England and Wales.

This section establishes the official title of the legal instrument and sets the date it becomes active as July 28, 2026.

It specifies that the legal authority and application of these rules are limited to the jurisdictions of England and Wales.

—(1) Schedule 1 (Advocates' Graduated Fee Scheme) to the Criminal Legal Aid (Remuneration) Regulations 2013 is amended as follows.

(2) In paragraph 18(2)(a) (fees for wasted preparation) for 'five' substitute 'two'.

(3) In paragraph 18A (additional preparation fee)—

(a) in sub-paragraph (1) omit ', other than a guilty plea', and

(b) in sub-paragraph (2) for '£62' substitute '£81'.

This section modifies the 2013 Regulations that govern how advocates are paid.

It reduces the minimum trial length required to claim a 'wasted preparation fee'—money paid when an advocate prepares for a trial that does not happen—from five days down to two days.

It also raises the 'additional preparation fee' from £62 to £81 and permits this fee to be claimed even in cases where the defendant enters a guilty plea.

These Regulations apply to services provided following a determination under section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 made on or after 28th July 2026.

This provision clarifies which cases are subject to the new fee rates.

It directs that the updated remuneration rules apply only to cases where the formal decision to grant legal aid representation occurs on or after the commencement date of July 28, 2026.

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