Crime news: extension of fee rises after MOJ and CBA deal

Crime fee increases introduced from 30 September 2022 apply to new cases claimable by litigators and advocates. They will now apply to the vast majority of existing Crown Court cases as well.

How do I claim the new fees?

Increases will automatically be applied to ongoing cases where the following both apply:

• representation orders were granted between 17 September 2020 and 29 September 2022
• main hearing takes place on or after 31 October 2022

This applies to schedules 1 and 2 of the Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No.2) Regulations 2022. So, it will only affect claims made under the Litigators’ and Advocates’ Graduated Fee Schemes.

Processing new fee claims

These changes will put more pressure on our operational processes in the short-term. We are recruiting additional staff to deal with the extra work that will be generated. This is likely to cause delays while the new starters are trained to deal with the revised processes.

Why is this happening now?

The increases to existing cases follow the agreement between the Ministry of Justice (MOJ) and the Criminal Bar Association (CBA) in response to the Bar’s strike action. Members of the CBA have accepted the government’s proposals and have returned to work.

The fee increases introduced on 30 September reflected the government’s interim response to recommendations by Sir Christopher Bellamy following the Independent Review of Criminal Legal Aid.

Where can I find out more?

Details of the revised fees and hourly rates are set out in the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022.

In addition to updated regulations, you can view revised Crown Court guidance on GOV.UK. There is also a table of fee claim scenarios.

Further information

Crown Court fee guidance

Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 – for changes applying the increase to current cases.

Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 – for revised fees and hourly rates

Written ministerial statement from the Lord Chancellor