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Criminal legal aid fees: 65:75:100 from 3 Mar 2026

Criminal legal aid fees in England and Wales change on Tuesday 3 March 2026. The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2026 (SI 2026/106) introduce a fixed 65:75:100 split between guilty plea, cracked trial and trial basic fees under the Litigators’ Graduated Fee Scheme, alongside uplifts for the lowest‑paid Crown Court bands and selected appeals. The Ministry of Justice confirmed the ratio and scope in its consultation response published in December 2025. (gov.uk)

For Crown Court litigation, the worked examples published by the Ministry of Justice show trial basic fees in Offence Type E rising by 35% and Types F–I by 33%. With the new ratio, an E‑band trial basic fee of £547.18 converts to £410.38 for a cracked trial and £355.66 for a guilty plea once the 75% and 65% multipliers are applied. Providers should check final Legal Aid Agency calculators once live. (gov.uk)

This targets the volume work that has been hardest to make pay. It falls short of the minimum £1,000 Crown Court fee some respondents argued for, but it narrows the viability gap on burglary and other dishonesty bands. The government’s paper notes that 58% backed the uplift for E–I and records calls for inflation‑linking, which ministers did not adopt. (gov.uk)

Appeals work also moves, with a 10% rise across relevant schemes, while the broader solicitor package now totals around £92m a year once fully implemented, taking the overall solicitor uplift since the CLAIR review to roughly 24%. The intention is to stabilise areas where providers have been withdrawing. (gov.uk)

The reforms arrived in two stages. The first instrument took effect on 22 December 2025, harmonising police station fees at £320 (excluding VAT) and lowering the escape threshold to £650, alongside a 10% uplift in magistrates’ courts fees. The second instrument-coming into force on 3 March-carries the LGFS changes and remaining appeals uplifts. (gov.uk)

For cash flow, the 75% cracked‑trial rate matters. Firms that front‑load case preparation had been under‑rewarded when matters resolved late; moving cracked trials to three‑quarters of trial pay improves work‑in‑progress recovery earlier in the life of a file. For a small high‑street practice closing a handful of E–F cases each month, the change can add several thousand pounds to monthly billings depending on mix and timing.

Scope and timing are critical. These regulations apply to matters where the legal aid determination is made on or after 3 March 2026 for custody advice, advice and assistance connected to criminal proceedings, and representation orders. Existing files with earlier determinations stay on the old rates, so finance teams should diary the cut‑off and split reporting accordingly.

Capacity remains the pinch point. During the consultation, the Law Society warned that additional funding must not be a one‑off if criminal defence supply is to be rebuilt after years of attrition. Recruitment to duty slots is still difficult in some areas, with the Legal Aid Agency signalling April–September 2026 rota production in early March. (lawsociety.org.uk)

On balance, this is a cash‑positive shift for most LGFS providers, but it is not a full reset. Ministers rejected calls to push cracked‑trial pay to near‑trial levels or to index fees to inflation, arguing the 65:75:100 split recognises work done earlier in a case without distorting behaviour. (gov.uk)

Admin checks still matter. Expect the Legal Aid Agency to update digital forms and calculators to reflect the new tables; firms should refresh case‑management templates, rebase WIP valuation rules from 3 March, and brief fee‑earners that early casework now counts more towards final pay. (gov.uk)

There are technical tweaks too. The instrument updates caps for Assigned Counsel on appeals by way of case stated and clarifies where limits apply in magistrates’, youth and High Court proceedings. If you instruct counsel on these routes, confirm the new ceilings before committing to budgets.

The regulations were signed on 5 February 2026 by Minister of State Sarah Sackman and extend to England and Wales under powers in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The naming and application are routine; the pricing reset is the story for practitioners and finance leads alike.

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