The Ministry of Justice has laid the statutory instrument making targeted changes to the Advocates’ Graduated Fee Scheme. Under the instrument, the revised rules will apply in cases where the representation order is dated on or after 28 July 2026. For billing purposes, that date is the point that determines whether the new arrangements apply.\n\nThe department has presented the measure as an early step within a wider programme of AGFS reform. Most of the remaining proposals are expected to be taken forward through public consultation, but these three changes are being introduced first.
The most immediate change is to the fixed fee for additional preparation, which will rise from £62 to £81. The same fee will also be extended to cases concluding by guilty plea, bringing a wider set of outcomes within scope for payment.\n\nIn policy terms, that change addresses a gap between the work undertaken before disposal and the narrower set of cases previously eligible for the fee. The Ministry of Justice says the higher rate is intended to better reflect the volume and nature of preparatory work carried out by advocates.
The statutory instrument also reduces the minimum trial length needed to qualify for a wasted preparation claim, from five days to two days. According to the Ministry of Justice, the purpose is to broaden eligibility so that more cases can attract payment where preparation has been undertaken but cannot be used as intended.\n\nThat adjustment is operationally important because it reaches a larger share of Crown Court work. Shorter trials that previously fell outside the threshold will now be capable of qualifying, provided the case meets the scheme rules.
The Ministry of Justice says these measures are being implemented ahead of the main AGFS package because of their particular importance to the criminal Bar. The department also refers to extensive engagement with the sector, including through the Criminal Legal Aid Advisory Board.\n\nThat sequencing separates a limited set of remuneration changes from the broader reform exercise rather than replacing it. The wider review of AGFS remains live, but the government has chosen to move first on measures it considers ready for implementation.
The key documents for practitioners are the Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2026 and the updated Crown Court Fee Guidance. The Ministry of Justice has also said the AGFS calculator will be updated in due course, so the legislation and guidance remain the primary reference points for rates and eligibility in the interim.\n\nThe claim route itself will stay within the Claim for Crown Court Defence billing tool. The published instruction is to use the miscellaneous fees page, select 'additional preparation fee' from the dropdown list and then complete the claim submission.
The implementation picture is not yet fully complete on the digital side. The Ministry of Justice has warned that the update to the Claim for Crown Court Defence system needed to support the increased additional preparation fee, including claims in guilty plea cases, may not be available from 28 July 2026.\n\nIf that deadline is missed, the department says it will issue further instructions on how claims should be submitted in the meantime. For chambers and billing teams, the practical point is that entitlement begins on the policy start date even if the standard digital route is not yet updated.
Taken together, the three amendments widen payment for preparation work at two points where the existing scheme has been under pressure: cases resolved by guilty plea and shorter trials where preparation is later wasted. The measures do not redesign AGFS, but they do alter entitlement in a way that will be immediately relevant to criminal advocates handling new Crown Court matters.\n\nThe main point to watch before 28 July 2026 is administrative readiness. The legal position is now set out in the regulations, but day-to-day operation will depend on updated guidance, calculator changes and any interim claims process communicated by the department.