Justice Minister Naomi Long has agreed to implement an additional 8.66% increase to all criminal legal aid fees in Northern Ireland, accepting every recommendation from an accelerated review aimed at resolving the long-running dispute that has seen barristers withdraw from Crown Court cases. The move, announced on 3 June 2026, represents the latest attempt to end industrial action that has disrupted the justice system since the beginning of the year.
The decision follows the completion of the Accelerated Review: Criminal Legal Aid Remuneration, which Minister Long initiated on 6 March 2026 to fast-track specific elements of an agreed roadmap on criminal legal aid payments. His Honour Judge Tom Burgess and John Miskelly, Associate Strategic Advisor with the Strategic Investment Board, jointly chaired the review.
The Fee Increase in Context
The 8.66% uplift comes on top of previous increases totalling 16% announced in recent years, including an 8% rise that took effect in January 2025 and a 10% increase the previous year. However, barristers have argued that these adjustments failed to address years of underfunding that have threatened the sustainability of the criminal defence profession.
In a written ministerial statement, Minister Long confirmed she will now take the necessary steps to implement the review’s recommendations in full. The full statement and review report have been published on the Department of Justice website.
The announcement arrives against a backdrop of severe strain in the justice system. Criminal barristers in Northern Ireland began withdrawing from Crown Court cases on 5 January 2026, with the Criminal Bar Association (CBA) stating it had been “sounding the alarm on an access to justice crisis for some time now.” The CBA announced that counsel would not appear in the Crown Court from that date in respect of any legally aided cases.
Responding to the industrial action earlier this year, Minister Long said: “My priority is ensuring that the justice system doesn’t exacerbate the trauma and distress already endured by victims and witnesses; steps are being taken to mitigate the harm that will arise as a result of the Criminal Bar’s entirely unnecessary decision.”
Broader Reform Programme
The fee increase forms part of the wider “Enabling Access to Justice” reform programme that Minister Long launched in December 2024. At the time, she outlined a vision to reset the justice system with the citizen at its heart.
Speaking in December 2024, Minister Long said: “People often encounter the justice system at times of crisis, when they are victims of crime and when they are experiencing trauma. How we support them can impact on how they manage those challenges, and this can determine their life outcomes. It is critical their voices are heard, and they have appropriate advice and representation to exercise their rights.”
She added: “All too often justice is reduced to bureaucracy and the cost of legal advice and representation. Justice is so much more than that. That is why reform is needed. I want to increase eligibility for legal aid, opening up the service to a wider proportion of society; I want to trial alternative dispute resolution models to take some cases away from the courts and enhance front line service provision; and I want a root and branch review of fee structure for public legal services to ensure the system is operating as efficiently and cost effectively as possible.”
The Minister also emphasised the fiscal imperative for reform, noting: “I am investing time and significant resources in this reform programme because how access to justice is enabled has an impact on the support people need and how they live and engage with society. This has an associated cost to policing, prisons, health and support services and benefits.”
Financial Pressures and Sustainability
The fee dispute has unfolded against a backdrop of record legal aid expenditure. According to the Legal Services Agency Northern Ireland, a total of £119,990,900 was authorised from the legal aid fund in 2024/25—the highest annual total on record, representing a 45.5% increase on 2019/20 figures.
However, the number of legal aid cases granted has actually fallen, with 61,573 cases in 2024/25 representing the lowest annual total over the past six years. This divergence suggests that while fewer people are accessing legal aid, the costs per case have risen significantly, or that more complex cases are consuming greater resources.
The current legal aid system in Northern Ireland costs more than £63.5 million per annum, divided between civil legal aid (approximately £38.25 million) and criminal legal aid. The system provides representation for those who cannot afford legal fees, with the Court determining whether it is in the interests of justice to grant criminal legal aid based on financial circumstances.
Unanswered Questions
While the 8.66% increase has been welcomed as a step toward resolving the dispute, several critical details remain unclear:
- When exactly will the new fee structure take effect, and will it apply to cases currently stalled by industrial action?
- What is the total cost of implementing this increase, and how will it be funded within the Department’s budget?
- Will the Criminal Bar Association accept this increase as sufficient to end the withdrawal from Crown Court cases, or will further negotiations be required?
- How does this accelerated review fit with the broader “root and branch review of fee structure” promised in the December 2024 reform programme?
- What measures will be taken to address the backlog of cases that has accumulated during months of industrial action?
What to Watch For
The coming weeks will reveal whether the 8.66% uplift proves sufficient to bring barristers back to the Crown Court. The Department has indicated that a Programme Delivery Plan for the broader Enabling Access to Justice reforms will be subject to consultation to ensure sequencing meets citizens’ needs.
Stakeholders will also be monitoring the Republic of Ireland’s parallel reforms, where Minister Jim O’Callaghan has proposed flat fees for District Court criminal legal aid—a model that has drawn criticism from the Irish Council for Civil Liberties for potentially undermining access to justice for vulnerable defendants. While Northern Ireland has opted for percentage-based increases rather than flat fees, the divergent approaches on either side of the border will provide a natural experiment in legal aid reform.
For now, court users, victims, and defendants await confirmation that the industrial action will cease and that the justice system can begin clearing the backlog that has left cases in limbo since January.