England and Wales raise legal aid fees from 22 Dec 2025

From 22 December 2025, criminal legal aid fees in England and Wales will increase, and the scheme’s scope widens in one key area. The Ministry of Justice has made the Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025, signed by Minister of State Sarah Sackman on 27 November and laid before Parliament on 1 December. We’ve read the statutory instrument so you don’t have to.

The headline change for scope lands on 31 December 2025. High Court proceedings about a Parole Board release decision, when referred under statute, will count as criminal proceedings for legal aid purposes under section 14(h) of the 2012 Act. This covers referrals under section 32ZAA of the Crime (Sentences) Act 1997 and section 256AZBA of the Criminal Justice Act 2003, so representation can be funded when a judge is asked to make the release decision.

Quick definition: a Parole Board referral here means the law requires the Board to pass a case to the High Court so a judge decides whether a person is released. By bringing those hearings within criminal legal aid, the rules recognise how high‑stakes these decisions are for people in custody, victims and the public.

At the police station, there is now one national fixed fee: £320 for attendance under any Police Station Scheme. The escape fee threshold-the point where a fixed‑fee case switches to hourly rates-is £650. If an interview happens somewhere that isn’t a listed station, it is treated as within the scheme where the interviewing constable is normally based, or the nearest scheme if they are not. For investigations by Services Police, the nearest listed station sets the scheme.

Quick definition: a Police Station Scheme is the rota area the Legal Aid Agency uses to organise duty cover. In these regulations it is the list in Annex A to version 19 (October 2025) of the Standard Crime Contract Guidance for Reporting Crime Lower Work. The Standard Crime Contract is the agreement that sets the rules, rates and forms for criminal legal aid providers.

For work outside the station and for pre‑charge engagement, the usual Upper Limits can now be extended on application under the 2025 Standard Crime Contract. In practice, if a case is more complex or heavy than the cap allows, you can ask the Agency to raise the ceiling so necessary time can be paid.

Fees in the magistrates’ court and the youth court rise. The schedules are replaced, and one commonly cited fixed amount in the instrument increases from £208.61 to £229.47 in both. Payments for duty solicitors and virtual court advocacy are updated, and fees for Assigned Counsel in these courts are expressly tied to the published limits.

Own‑client hourly items go up too. The instrument lifts rates to £60.65 and £57.37 for key preparation items, £86.58 for advocacy‑related time, and £28.85 for letters and calls per item. These are the building blocks many small firms rely on to keep the doors open between larger cases.

Appeals funding improves. The caps for advice and assistance on an appeal or a Criminal Cases Review Commission application rise to £346.29 and £577.16, with the option to extend following application. Certain Court of Appeal fees also increase. Representation in the Crown Court on an appeal from the magistrates’ court-where proceedings are prescribed as criminal under section 14(h)-now has an upper limit of £1,731.47, again extendable.

Prison law fees rise across the board. Standard fees increase from £200.75 to £248.93 and from £602.25 to £746.79 depending on case type, with higher hourly rates and updated Parole Board schedules. For learners: prison law covers disciplinary hearings, sentence calculation and parole preparation-complex work that keeps cases moving fairly.

Cash‑flow relief arrives for litigators. A long‑standing barrier to interim payments is removed, so firms can claim an interim payment even where a defendant elects Crown Court trial after the magistrates’ court has said the case is suitable for summary trial. For many practices, that means less waiting to be paid for work already done.

Quality and fairness checks are built in. The ‘appropriate officer’ assessing a claim may allow less than the usual rate if work was not done with proper competence or speed. Equally, they can enhance fees by up to 100% where work was exceptionally skilled or the case exceptionally complex-still subject to any upper limits that apply.

Who qualifies and when matters. These changes apply to services following a ‘relevant determination’-that is, when legal aid is granted under sections 13 (custody advice), 15 (advice and assistance for criminal proceedings) or 16 (representation) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012-made on or after 22 December 2025. If your grant was issued before that date, the old rates apply.

What this means for access to justice: a single police station fee reduces postcode differences, higher caps and extendable limits should make it easier to run complex cases properly, and recognising High Court parole referrals as criminal proceedings should help people secure representation at a critical moment. The Ministry of Justice notes that a full impact assessment accompanies its response to the solicitor fee reform consultation, and it does not expect significant impact from the other amendments.

If you’re studying law or teaching criminal procedure, treat this as a live case study. Track how fee rules shape real‑world access to advice at arrest, through youth and magistrates’ courts, and into appeals and parole. If you’re in practice, update your templates and file notes with the new £320/£650 thresholds so nothing slips during the Christmas switch‑over.