The Bar Council has welcomed the consultation issued today by the Ministry of Justice on the implementation of an investment of ‘up to £34 million’ in Crown Court advocacy defence fees, first announced on 2 December 2025.
Whilst 7 months is too long from announcement to consultation, the Bar’s representative body recognises the work of the Ministry of Justice and the Courts and Legal Services Minister Sarah Sackman KC MP in enabling the consultation to be issued, particularly during a time of government uncertainty.
The sum amounts to roughly a 10% increase on fees – being a 6% increase on trial brief fees, supplemented by other targeted increases.
The Bar Council will respond in detail to the consultation, setting out those targeted measures which are necessary and those which are misdirected. The Bar Council continues to argue that the fee increases should apply to current cases, not only future cases.
Chair of the Bar, Kirsty Brimelow KC, said: "Whilst our representations on the allocation of the legal aid increase were made in January, we will reconsider the current proposals to ensure that the targeted increases are appropriately directed. Above all, the system cannot endure where increases only come into effect on cases that complete years in the future. They must apply to current cases.
“We are grateful to the Criminal Legal Aid Advisory Board who have presented to the government the evidence on the need to have a sustainable criminal justice system, and for this step in the right direction by the government. In particular, we thank the Courts and Legal Services Minister for finally moving the announcement of an increase to criminal legal aid to a consultation and acknowledge the government’s truncated consultation period, as urged by the Bar Council.”