The Northern Ledger

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Criminal legal aid fees change from 3 March-North reacts

“This significant investment will create a stronger and more sustainable criminal legal aid profession,” said Sarah Sackman KC MP in December. On 5 February the Ministry of Justice set out the next step: the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2026 (SI 2026/106), laid on 6 February and due to take effect on 3 March. For firms across the North, the question is whether these Crown Court changes help keep the duty rotas staffed and the doors open through spring. (gov.uk)

The new rules lock in a fixed 65:75:100 ratio between guilty plea, cracked trial and trial basic fees under the Litigators’ Graduated Fee Scheme. Trial basics for the lowest‑paid offence bands (E to I) rise by roughly a third, and a set of appeals fees also increases. The Ministry of Justice says the aim is simpler schemes and a sector that can survive. (consult.justice.gov.uk)

These changes apply to new matters after commencement. In practice that means determinations for police station advice, magistrates’ court work or Crown Court representation made on or after 3 March 2026 will be paid under the new tables; existing cases stay on the previous rates. Officials have been clear uplifts bite on new cases from the relevant start dates. (gov.uk)

This is the second stage of a package that began in December. The first Statutory Instrument lifted police station attendances to £320 (ex VAT) with a £650 escape fee threshold, increased magistrates’ and Youth Court fees by 10%, added 24% to prison law and gave a 10% uplift to solicitors’ appeals work. Northern firms have already banked those changes; March shifts the Crown Court piece. (consult.justice.gov.uk)

Supply remains tight. The Criminal Legal Aid Advisory Board reports the duty solicitor pool fell from 5,240 in October 2017 to 3,911 by July 2024-a 25% drop-with provider numbers slipping again last year. That fall is felt acutely by schemes from Tyneside to Lancashire, where late‑night callouts are harder to cover. (gov.uk)

The workforce is also ageing. Institute for Government analysis shows more than 40% of duty solicitors are now 55 and over, only 6% are under 35, and criminal legal aid solicitor numbers in firms have shrunk by over 30% since 2014/15-leaving those who remain carrying heavier caseloads. (instituteforgovernment.org.uk)

During last year’s consultation many respondents backed reform but said the figures still fall short-some argued for a 50% rise to selected trial basics or a £1,000 Crown Court minimum, and for annual indexation. Ministers stuck with the package, saying it best supports sustainability now while longer‑term work continues. (gov.uk)

Standardising cracked‑trial and plea fees should smooth out sharp swings between outcomes. What it does not fix-yet-is the reliance on “pages of prosecution evidence” as a stand‑in for complexity. Government papers have accepted that proxy is blunt, with more structural reform flagged for future phases. (gov.uk)

For Northern practices the immediate to‑do list is practical: check representation order dates, rework cashflow for cases likely to crack late at 75 rather than plea at 65, and plan staffing where December’s police station uplift has started to help recruitment. The MoJ says roll‑out is aligned to Legal Aid Agency digital updates, so administrators should watch for system prompts around the 3 March changeover. (gov.uk)

Access to justice remains the yardstick. The Law Society’s latest maps still show large legal aid deserts in civil categories-an echo of the scarcity many criminal practitioners recognise across the North. The profession also warns the police station rota has already lost more than a quarter of solicitors since 2017. March’s uplifts will be judged locally on one thing: can people get a lawyer, when they need one, close to home. (lawsociety.org.uk)

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