Solemn trial preparation fee to increase from 1 April 2026 where guilty plea accepted at any diet prior to appointed trial diet

26 March 2026

Regulations come into force on 1 April 2026 to increase the solemn trial preparation fee where a plea of guilty is accepted at any diet prior to the appointed trial diet.

The Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026, will introduce changes to the payment arrangements for solicitors in solemn first instance proceedings under Part 2 of Schedule 1A, that will:

  • align the preparation fee that is payable to a solicitor where a plea of guilty is accepted at any diet prior to the appointed trial diet in line with the fee that is payable where the case is disposed of at a hearing under section 76 of the Criminal Procedure (Scotland) Act 1995 (where the accused desires to plead guilty); and
  • clarify that the preparation fee for trial is payable where the court discharges a trial diet and appoints an accelerated trial diet in accordance with section 75A(5) of the 1995 Act.

The enhanced preparation fee under paragraph 5(b) of Schedule 1A of Part 2, will be chargeable in any case where the case is disposed of by a plea of guilty accepted at any diet prior to an appointed trial diet, on or after 1 April 2026.

The preparation fee under 5(b), continues to include the first 1,000 sheets or minutes of perusal in the case.

Effective date of regulations

It is important to note that the regulations are not retrospective, so we cannot allow this fee where a plea of guilty was accepted prior to 1 April 2026, except where the case is disposed of at a hearing in terms of section 76 of the Criminal Procedure (Scotland) Act 1995.

The regulations have also been modified to clarify that the trial preparation fee under paragraph 5(a) of Schedule 1A of Part 2, is payable where the case is disposed of at an accelerated Trial Diet.

This has been our approach to the assessment of the trial preparation fee since the introduction of the revised solemn fee regulations in April 2023, and reflects the terms of our previous guidance on this issue.

Updated guidance

We have updated our legal aid and decision-makers’ guidance and made the necessary changes to our online systems to accommodate these regulations.

Further changes – summary

The Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026 will also introduce significant changes to the operation of summary criminal legal aid.

Those amendments do not come into force until 14 December 2026. More details will follow on the application of those changes in due course.

For more information

If you have any questions on the changes, please contact: