Explanatory note

Regulation 3 amends regulation 9 of the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) to specify proceedings in the High Court concerning a release decision of the Parole Board referred under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003 as criminal proceedings for the purposes of section 14(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”). Regulation 3 comes into force on 31st December 2025.

These Regulations also amend the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Remuneration Regulations”), which make provision for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Act.

Regulation 4(2) removes regulation 17A(3) of the Remuneration Regulations, which has prohibited litigators from making a claim for an interim payment in relation to a case committed or sent for trial to the Crown Court on the election of a defendant where a magistrates’ court has determined the case to be suitable for summary trial.

Regulation 4(3) and Schedule 1 make amendments to Schedule 3 to the Remuneration Regulations by increasing certain appeals fees.

Regulation 4(4) and Schedule 2 make amendments to Schedule 4 to the Remuneration Regulations by introducing a harmonised police station fixed fee and escape fee threshold for all Police Station Schemes; increasing magistrates’ court fees; increasing certain appeals fees; and increasing prison law fees.

Paragraph 13 of Schedule 2 to these Regulations adds two provisions into Schedule 4 to the Remuneration Regulations. They make provision for the payment of fees to a litigator at less than or more than the prescribed rate for representation in a magistrates’ court; in the youth court; in proceedings relating to an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014; and in proceedings prescribed as criminal proceedings under section 14(h) of the Act in the High Court, the family court or county court.

Amendments have also been made to provide that certain Upper Limits may be extended upon application in accordance with the 2025 Standard Crime Contract. A hard copy of the 2025 Standard Crime Contract can be obtained free of charge from the Legal Aid Agency, 13th Floor, 102 Petty France, London SW1H 9AJ. The 2025 Standard Crime Contract is also available online at: https://www.gov.uk/government/publications/standard-crime-contract-2025.

A hard copy of version 19 (October 2025) of the Standard Crime Contract Guidance for Reporting Crime Lower Work (‘the Guidance’) can be obtained free of charge from the Legal Aid Agency, 13th Floor, 102 Petty France, London SW1H 9AJ. The Guidance is also available online at https://webarchive.nationalarchives.gov.uk/ukgwa/20251031174908/https:/www.gov.uk/guidance/submit-a-bulk-claim-sabc#guidance-documents under the heading ‘Guidance Documents’.

A full impact assessment of the effect that the fee increases will have on the costs of business, the voluntary sector and the public sector is produced with the Government’s response to the consultation ‘Criminal Legal Aid: proposals for solicitor fee scheme reform’, available online at https://www.gov.uk/government/consultations/criminal-legal-aid-proposals-for-solicitor-fee-scheme-reform. A hard copy of the Government’s response to the consultation can be obtained free of charge from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ. A full impact assessment on the remaining amendments in this instrument has not been produced, as no significant impact on the private or voluntary sectors is foreseen.