Government confirms criminal legal aid fee rises taking effect this month
Criminal legal aid solicitors will receive increased fees in time for Christmas after the government confirmed yesterday that most solicitor payments within the criminal legal aid scheme will rise. The first statutory instrument setting out the new criminal lower fees will come into force on 22 December.
The measures stem from the Ministry of Justice’s post consultation report on Criminal Legal Aid Proposals for Solicitor Fee Scheme Reform, which was published in May. The Ministry received 214 responses during the consultation.
Following that review process, ministers confirmed a series of reforms. The fixed fee for all police station schemes will be set at £320 excluding VAT, and the escape fee threshold will be harmonised at £650 excluding VAT. Magistrates’ courts fees, including Youth Court fees, will increase by 10%. The Litigators Graduated Fee Scheme will adopt a fixed ratio of 65 to 75 to 100 between a guilty plea, a cracked trial and a trial basic fee. The lowest paying offences within that scheme will receive uplifted basic fees. Prison law fees will rise by 24%, and fees for appeals work will increase by 10%.
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After receiving feedback on the proposed police station escape fee threshold, the Ministry revised its position. Respondents argued that the consulted figure of £960 excluding VAT made the threshold difficult to reach. As a result, the threshold has been lowered to £650 excluding VAT, which aligns more closely with twice the fixed fee rather than three times the fixed fee.
The Ministry said the 10% increase in appeals work is intended to support the sustainability of firms undertaking this work and to maintain consistency with the uplift agreed for magistrates’ courts fees.
A second statutory instrument is expected to be laid as soon as the Legal Aid Agency’s digital systems can implement the required changes for further uplifts. Work to restore systems affected by this year’s cyber attack has delayed adjustments to housing and immigration legal aid fees. The second instrument will address crime higher fee increases within the Litigators Graduated Fee Scheme, fixed fees for appeals, and representation on appeals by way of case stated in the High Court.
The Ministry said it remains committed to introducing all the uplifts set out in its response within the current parliament. Justice minister Sarah Sackman said up to £92m of additional funding would help address years of low investment and strengthen the criminal legal aid system. Once all measures are implemented, criminal legal aid solicitors will have received a 24% overall uplift in funding since the Criminal Legal Aid Independent Review in 2021.
The Law Society described the announcement as a step forward. Vice president Brett Dixon welcomed the investment and the government’s decision to raise the police station escape fee. However, he noted that the Ministry has not addressed the increased costs associated with out of hours work.