The Ministry of Justice proposed investing up to £34 million annually in criminal legal aid on 15 July 2026, including higher fees for barristers handling serious cases. The consultation is intended to strengthen criminal advocacy and support efforts to reduce court delays across England and Wales.
The proposals apply to publicly funded criminal advocacy in Crown Courts, magistrates’ courts and selected appeal, sentencing and pre-trial proceedings. They include an average fee increase of 11%, with larger increases proposed for some rape and serious sexual offence cases.
The package accompanies wider justice reforms addressing a Crown Court backlog of more than 80,000 cases. The Ministry of Justice said stronger legal capacity and improved preparation could help more scheduled hearings proceed without avoidable delay.
Criminal Legal Aid Proposals Worth Up to £34 Million
The proposed annual investment would increase remuneration for barristers undertaking publicly funded criminal work. The Ministry of Justice said the changes are intended to strengthen the legal aid sector and increase the availability of advocates.
Greater barrister capacity could improve case preparation and reduce hearings being disrupted by representation or readiness problems. However, legal aid funding is one part of the wider response to delays across the criminal courts.
- Annual investment: The proposed package is worth up to £34 million each year.
- Justice objective: Additional capacity is intended to help cases move through the courts.
- Sector focus: Funding will support barristers undertaking publicly funded criminal work.
Barrister Fees Set to Increase
Barristers undertaking criminal legal aid work would receive an average fee increase of 11 per cent under the proposals. The government said the increase recognises their role in preparing and presenting criminal cases.
The investment includes £3.5 million already allocated to preparatory fees. This funding is intended to improve trial readiness by supporting work completed before cases reach the courtroom.
Proposed Criminal Legal Aid Investment
| Measure | Proposed Change | Purpose |
|---|---|---|
| Annual funding | Up to £34 million | Support criminal advocacy |
| Average fees | 11 per cent increase | Improve barrister retention |
| Preparation funding | £3.5 million allocated | Support trial readiness |
Higher Payments for Serious Sexual Offence Cases
Barristers handling rape and serious sexual offence cases would receive fee increases of more than 13 per cent. The Ministry of Justice said payments could rise by almost 50% in some rape and serious sexual offence cases where a defendant enters a guilty plea.
The government said these cases require substantial preparation and specialist expertise. The proposed increases are intended to improve the availability of suitably experienced advocates. The Ministry of Justice linked that capacity to reducing avoidable delays in cases requiring specialist preparation.
Wider Fee Reform Proposals
The consultation includes higher payments where defendants enter guilty pleas and for plea and trial preparation hearings. These proposals recognise work undertaken before a full trial begins, including reviewing evidence and advising defendants.
Further increases are proposed for appeals, sentencing work and selected hearings across the criminal courts. The government said the changes would better reflect case complexity while supporting junior barristers entering and remaining in criminal practice.
- Guilty pleas: Higher payments would recognise advocacy and preparation completed before a full trial.
- Appeals: Increased fees are proposed for magistrates’ court and Court of Appeal work.
- Pre-trial hearings: Selected hearings would receive higher payments reflecting preparation and case complexity.
- Sentencing work: Committals for sentence and specified post-conviction hearings are included.
Legal Aid Proposals Aim to Strengthen Court Capacity
The Ministry of Justice said years of underinvestment had weakened the criminal legal aid sector. The proposed funding is intended to attract and retain barristers with the experience required to conduct criminal cases.
A larger and more stable pool of advocates could reduce cases being adjourned or delayed because suitable representation is unavailable. The proposals would also support defendants’ access to publicly funded advocacy throughout criminal proceedings.
More Than 80,000 Crown Court Cases Await Resolution
More than 80,000 cases are waiting in the Crown Court, according to the government’s announcement. Delays can extend the period before victims give evidence, defendants receive an outcome and courts complete proceedings.
The legal aid package forms part of the government’s effort to restore capacity and reduce waiting times. The Ministry of Justice said improved advocate availability and preparation funding could help more scheduled cases proceed as planned.
Courts and Tribunals Bill Supports Wider Reforms
The announcement was made alongside the Courts and Tribunals Bill. The proposed legislation contains wider changes intended to support the operation of courts and reduce the Crown Court backlog.
The government presented the legal aid proposals and the Courts and Tribunals Bill as connected parts of its wider justice reform programme. The funding consultation focuses on criminal advocacy capacity, while the Bill contains broader measures affecting court operation and case progression.
Ministerial Comments
Sarah Sackman KC MP, Minister for Courts and Legal Services said;
“Victims deserve to see justice delivered without unnecessary delay. That’s why we are investing up to £34 million a year in criminal legal aid, supporting the barristers who keep cases moving through the courts and help ensure offenders are brought to justice.
This investment will strengthen the legal aid sector, enable more cases to be heard and help cut the court backlog, ensuring victims receive swifter justice.”
The criminal legal aid consultation proposes up to £34 million in annual investment, including an average 11% fee increase and additional support for preparation, appeals, sentencing and serious sexual offence cases. The Ministry of Justice said the package is intended to strengthen advocate availability and improve case readiness.
The proposals form one part of the government’s wider response to a Crown Court backlog exceeding 80,000 cases. Their effect will depend on the final consultation outcome, implementation of the fee changes and whether increased legal capacity reduces disruption across criminal proceedings.
Sources: Ministry of Justice and Sarah Sackman KC MP.
Prepared by Ivan Alexander Golden, Founder of THX News, an independent news organisation delivering timely insights from global official sources. Combines AI-analysed research with human-edited accuracy and context.
