The Criminal Legal Aid (General) (Amendment) Regulations 2026

Published: Wed 2nd Sept 26

Department: Ministry of Justice
Made under: Sentencing and Punishment of Offenders Act 2012
Applies to: England, Wales

Expanded the scope of criminal legal aid to cover child criminal exploitation, youth diversion, and stalking protection orders.

These Regulations amend the Criminal Legal Aid (General) Regulations 2013 to include several new and amended civil orders within the scope of criminal legal aid in England and Wales.

The Lord Chancellor directs that proceedings regarding child criminal exploitation prevention orders, youth diversion orders, serious crime prevention orders made on acquittal, and stalking protection orders made on acquittal be classified as criminal proceedings for legal aid purposes.

This change allows individuals involved in these proceedings to apply for publicly funded legal representation through the criminal legal aid scheme rather than the civil scheme.

Arguments For

The Ministry of Justice states that these amendments ensure individuals issued with new civil orders are able to access legally-aided support, maintaining consistency with similar orders like Serious Disruption Prevention Orders.
The Explanatory Memorandum asserts that classifying these proceedings as 'criminal' reflects the fact that they are heard in criminal courts and that breaches constitute criminal offences.
The department argues that assigning these matters to criminal legal aid practitioners is appropriate as they possess the relevant expertise, which will reduce the administrative burden on the Legal Aid Agency and providers.
Proponents note that the instrument addresses a gap where orders made on acquittal (such as for stalking or serious crime) would otherwise fall outside the scope of legal aid.

Arguments Against

Legal scholars may question the increasing use of 'criminal' legal aid for civil preventative orders, which potentially blurs the distinction between civil and criminal jurisdictions.
The Ministry of Justice notes that exact costs are difficult to predict, with estimated annual legal aid costs for these new measures ranging from a central estimate of £12,700 for serious crime orders to £27,500 for youth diversion orders.
Implementation of several provisions is contingent upon the commencement of sections of the Crime and Policing Act 2026, creating potential for staggered or delayed availability of legal aid depending on Home Office scheduling.

1.—(1) These Regulations may be cited as the Criminal Legal Aid (General) (Amendment) Regulations 2026.

(2) This regulation and regulation 2(4) come into force on 1st October 2026.

(3) Regulation 2(2) comes into force on— (a) 1st October 2026, or (b) if later, the day on which the first of section 51, 54, 57 or 58 of the Crime and Policing Act 2026 comes into force.

(4) Regulation 2(3) comes into force on— (a) 1st October 2026, or (b) if later, the day on which the first of section 215, 224, 225 or 226 of the Crime and Policing Act 2026 comes into force.

(5) Regulation 2(5) comes into force on— (a) 1st October 2026, or (b) if later, the day on which section 128(5) of the Crime and Policing Act 2026 comes into force.

(6) These Regulations extend to England and Wales.

This section establishes the title of the regulations and their geographic reach to England and Wales.

It sets a primary commencement date of 1 October 2026, but makes the activation of specific legal aid expansions dependent on when the underlying sections of the Crime and Policing Act 2026 are brought into force.

This ensures legal aid becomes available at the same time the new court orders are implemented.

2.—(1) Regulation 9 (criminal proceedings) of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.

(2) After paragraph (c) insert—

"(ca) proceedings under sections 51, 54, 57 and 58 of the Crime and Policing Act 2026 in relation to child criminal exploitation prevention orders;";

(3) After paragraph (ja) insert—

"(jb) proceedings under sections 215, 224, 225 and 226 of the Crime and Policing Act 2026 in relation to youth diversion orders;";

(4) In paragraph (s) after "sections 19," insert "19A(5),";

(5) In paragraph (ud) after "sections 1," insert "2A,".

This section modifies the existing 2013 Regulations to expand the definition of 'criminal proceedings' for legal aid purposes.

It brings Child Criminal Exploitation Prevention Orders and Youth Diversion Orders into scope.

Additionally, it ensures legal aid is available for Serious Crime Prevention Orders and Stalking Protection Orders when they are issued by a court following an acquittal or a successful appeal.

Explanatory Memorandum PDF View Source

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