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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, Siobhian Brown, 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 yesterday 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