With effect from 5 December 2024, the guideline rates for overnight accommodation and subsistence are increasing for both providers and experts.
What will the new rates be?
The rates will increase to up to £165 in London (within the M25) and up to £100 elsewhere (per person, per night, inclusive of VAT).
This compares to the current guideline rates of £100 per night in London, Liverpool, Manchester, Birmingham, Leeds and Newcastle, and £65 per night elsewhere.
Where necessary, our caseworkers will retain their discretionary authority to agree rates in excess of the guidelines. This applies where providers are able to demonstrate a lack of suitable accommodation at these prices.
The overnight subsistence rate will also increase from £21 to £25. The rarely used personal incidental allowance will be removed.
Why is this happening now?
In September 2023 the LAA committed to an annual review of accommodation and subsistence allowances to ensure that these remain reflective of the market. We have consulted with stakeholders, including the CPS, to gather feedback in this area and are now publishing the recommendations made by the review working group.
Making this change
- gives providers greater flexibility finding suitable accommodation when needed
- aligns rates more closely with similar rates used elsewhere, including those used by the CPS
- reduces the administrative burden on providers and LAA staff to justify costs above current guideline rates
Where can I find out more?
Details of the new rates can be found on GOV.UK. Resources include the Crown Court fee guidance, and the escape cases electronic handbook which sit on their own pages.
The criminal bills assessment manual and the civil finance electronic handbook are both on our legal aid guidance page.
The resources are listed below, including the enabling civil and criminal legal aid regulations.
Further information
Crown Court fee guidance – new Appendix T
Escape cases electronic handbook
Legal aid guidance page has following resources
Criminal Bills Assessment Manual
Civil Finance electronic handbook
Regulatory links
Civil Legal Aid (Remuneration) Regulations – regulation 6(2)
Criminal Legal Aid (Remuneration) Regulations 2013 – regulation 13(3)
