Key reform see solicitors receive legal aid hike, more
traineeships and tech support.
Solicitors who provide legal aid will receive a 13% increase in
fees from September this year.
The fees hike – set out in regulations in Parliament for approval
– is part of a wider package of support including also funding
for up to 40 Legal Aid Traineeship places and digital support to
help firms purchase devices to assist trainees in their work and
court appearances.
The Scottish Government has also met its commitment to establish
an Independent Fee Review Mechanism Group to examine the
fundamental changes required to create a legal assistance system
fit for the 21st century, including developing a more
transparent, evidence based and sustainable approach to reviewing
legal aid fees.
Since 2019, cumulative fee increases of just over 25% has
outpaced inflation, with the most recent rise in April 2023
bringing total additional funding to £31 million since 2019.
Minister for Victims and Community Safety, , said the latest planned
uplift continues a sustained pattern of investment in legal
aid—demonstrating the ongoing commitment to ensuring access to
justice remains properly resourced.
Ms Brown said:
"Access to justice is a fundamental right and we want to ensure
people get the help they need and that there are solicitors
available to provide it. These reforms mark the biggest change to
Scotland's legal aid system in a generation. This 13% uplift,
combined with our doubling of traineeship places and expanded
digital support, demonstrates our commitment to a legal aid
system that works for everyone.
“This builds on other important legal aid reforms we have already
made and are already making a real difference, including clearer
income eligibility rules, non means tested legal aid for families
in Fatal Accident Inquiries where there has been a death in
custody, and the removal of eligibility checks for children in
the hearings system. By cutting complexity, widening access, and
ensuring fair pay, we are creating a legal aid system that
delivers justice for all.
“As part of this wider support package, we anticipate the support
of solicitors to continue with the constructive engagement on the
development of planning and roll out of improvements that would
enhance the early stages of justice system reform.”
Background
This rise in legal aid has been agreed by the Law Society of
Scotland and the Scottish Solicitors Bar Association. With the
13% rise applied, the criminal core fixed payment will increase
from £572 to £646.36, and subject to parliamentary approval, will
come into force from 1 September 2026.
Legal Aid reforms in the last year include:
• removal of
income and merits tests for children and young people in the
hearings system
• young people in
receipt of the Care Leaver Payment (a one-off £2,000 payment when
moving on from care) will not have this counted as income when
assessing their eligibility for legal aid
• the
establishment of an Independent Fee Review Mechanism Group
• non means
tested legal aid for families in Fatal Accident Inquiries
following deaths in custody – so far benefitting 22 families
(between 7 April 2025 and 26 January 2026)
• the Regulation
of Legal Services (Scotland) Act 2025, enabling charities to
employ solicitors directly to help vulnerable people
• automatic legal
aid for guilty pleas for individuals appearing from custody and
on undertakings
