Scotland has signed off a significant reset of criminal legal aid. Scottish Statutory Instrument 2026/107, approved by Holyrood and signed by Minister Siobhian Brown on 19 February 2026, changes how and when support is made available in criminal cases, with staged start dates across 2026, according to legislation.gov.uk.

The headline shift is in summary criminal proceedings. Assistance by Way of Representation (ABWOR) is being removed for summary cases, with summary criminal legal aid under section 24 of the Legal Aid (Scotland) Act 1986 becoming the main route. This applies to proceedings where the complaint is served on or after 14 December 2026.

Timing is being brought forward. Criminal legal aid in summary cases will now be available from the date the complaint is served, rather than waiting until after a not guilty plea. For anyone with business in Scotland’s sheriff or JP courts, that means funded work can begin earlier once the paperwork lands.

There are new responsibilities on solicitors. Where acting under the automatic availability provisions in section 22, firms must notify the Scottish Legal Aid Board (SLAB) as soon as practicable and within 14 days of first taking instructions. Separately, section 24 applications should be made promptly-again with a 14‑day backstop unless SLAB sets a different stage in writing.

Special urgency rules are tightened and clarified. Where a person has been cited to appear within seven days and it is in the interests of justice-and either an early guilty plea is instructed or a continuation for legal aid has been refused-SLAB may make legal aid available before a full section 24 determination. An application must then follow as soon as practicable and within 14 days unless SLAB agrees otherwise.

Fixed payments are reworked to reflect the earlier gateway. New Schedules 3 and 4 set out payments where legal aid is automatic under section 22 or granted on grounds of special urgency, with different totals if proceedings conclude during those periods by plea or Crown decision. Where there is a change of solicitor, payments are divided on a defined basis rather than duplicated.

Duty solicitor arrangements are also adjusted. Fees tied to duty work in certain summary cases are disapplied once a complaint has been served and the accused is either in custody or released on an undertaking. The 2011 regulations are amended to remove barriers that previously limited an accused’s choice of solicitor and to update references to the Criminal Justice (Scotland) Act 2016.

For solemn first‑instance cases, preparation fees are tweaked from 1 April 2026. A guilty plea accepted before trial will attract the same preparation fee as an early intimation under section 76, including where the court brings forward an earlier diet under section 75A(5) of the 1995 Act. This applies to work done on or after 1 April.

For firms on the English side of the Border who regularly handle Scottish cases-Carlisle, Berwick‑upon‑Tweed and the wider North East-the practical takeaway is simple: record the date of service carefully, assume legal aid can begin from that day in summary matters after 14 December, and build the new fixed payments into billing systems for sheriff and JP court work.

The two key dates matter. Most changes tied to summary proceedings start on 14 December 2026, while the specific solemn fee update kicks in on 1 April 2026. The instrument has been approved by the Scottish Parliament and published in full on legislation.gov.uk, giving practitioners a clear run‑in to update processes, client care letters and training.