Matt Hancock has suffered an embarrassing court defeat after his controversial policy on suspending doctors’ pensions was deemed illegal.

The health secretary was granted more power last year to suspend pension benefits to NHS staff charged with a crime, which the High Court has ruled breaches human rights.

The court said the measure was “wrong in principle and inherently unfair”.

Justice Andrews said it is a “fundamental principle that a person facing such criminal charges is presumed innocent until the prosecution has made a jury sure of their guilt”.

She said: “That principle cannot be displaced or watered down.”

NHS at 70: demonstration and celebration march to mark anniversary Show all 18 1 /18 NHS at 70: demonstration and celebration march to mark anniversary NHS at 70: demonstration and celebration march to mark anniversary People holding placards attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary Labour Party leader, Jeremy Corbyn, addresses demonstrators following the march AFP/Getty NHS at 70: demonstration and celebration march to mark anniversary A man stands with a coffin, used as a prop at a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary epa06851663 Thousands of people march, to mark 70 years of the British National Health Service (NHS), in central London, Britain, 30 June 2018. Reports state that the gathering is calling on the government for increased funding and staffing for the NHS, as well as a protest against privatisation of an organisation which turns 70 years old on 05 July 2018. EPA/ANDY RAIN ANDY RAIN EPA NHS at 70: demonstration and celebration march to mark anniversary People holding placards attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary A man wears an NHS themed hat during a march in support of the National Health Service, in central London, Britain, June 30, 2018. REUTERS/Simon Dawson SIMON DAWSON Reuters NHS at 70: demonstration and celebration march to mark anniversary Demonstrators hold placards during a march in support of the National Health Service, in central London, Britain, June 30, 2018. REUTERS/Simon Dawson SIMON DAWSON REUTERS NHS at 70: demonstration and celebration march to mark anniversary epa06851662 A man with a birthday placard as thousands of people march, to mark 70 years of the British National Health Service (NHS), in central London, Britain, 30 June 2018. Reports state that the gathering is calling on the government for increased funding and staffing for the NHS, as well as a protest against privatisation of an organisation which turns 70 years old on 05 July 2018. EPA/ANDY RAIN ANDY RAIN EPA NHS at 70: demonstration and celebration march to mark anniversary Demonstrators stand in Whitehall during a march in support of the National Health Service, in central London, Britain, June 30, 2018. REUTERS/Simon Dawson SIMON DAWSON REUTERS NHS at 70: demonstration and celebration march to mark anniversary People march in central London to mark the 70th anniversary of the NHS. PRESS ASSOCIATION Photo. Picture date: Saturday June 30, 2018. See PA story INDUSTRY Demonstration. Photo credit should read: John Stillwell/PA Wire John Stillwell PA NHS at 70: demonstration and celebration march to mark anniversary Demonstrators hold placards during of a march in support of the National Health Service, in central London, Britain, June 30, 2018. REUTERS/Simon Dawson SIMON DAWSON REUTERS NHS at 70: demonstration and celebration march to mark anniversary People holding placards attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary Demonstrators hold placards during a march in support of the National Health Service, in central London, Britain, June 30, 2018. REUTERS/Simon Dawson SIMON DAWSON REUTERS NHS at 70: demonstration and celebration march to mark anniversary Jeremy Corbyn and Jon Ashworth speak during a march in central London, marking the 70th anniversary of the NHS. PRESS ASSOCIATION Photo. Picture date: Saturday June 30, 2018. See PA story INDUSTRY Demonstration. Photo credit should read: John Stillwell/PA Wire John Stillwell PA NHS at 70: demonstration and celebration march to mark anniversary People holding placards attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary People holding placards attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary People gather with placards to attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images NHS at 70: demonstration and celebration march to mark anniversary People gather with placards to attend a demonstration and celebration march to mark the 70th anniversary of the National Health Service (NHS), in central London on June 30, 2018. Organised by the Peoples Assembly, Health Campaigns Together, The TUC and 11 other health trade unions, tens of thousands are expected to attend the only national public event organised to mark the anniversary of the British Health Service. / AFP PHOTO / Tolga AKMENTOLGA AKMEN/AFP/Getty Images TOLGA AKMEN AFP/Getty Images

The British Medical Association, which challenged the measure in court, said people can lose their rights to other public sector pension schemes when found guilty, but not before.

The High Court found that when the government amended NHS pension rules in April 2019, it wrongly conflated someone charged with a crime — who may well still be innocent — and someone who had been convicted.

Mr Hancock had pushed ahead with the policy, despite outcry from the BMA.

In April last year, the trade union for doctors warned the proposal “risks unfairly subjecting innocent members to hardship” in the magazine Pulse.

After the ruling, the BMA said: “We are glad that these regulations, which should never have been approved in the first place, will now be struck from the statute book.”

Dr Chaand Nagpaul, the association’s council chair, said: “These rules assume guilt from the outset with little regard for the impact on a doctor’s wellbeing, career or personal life.

“We could not allow the government to simply disregard the fundamental principle that a person charged with a crime is presumed innocent until proven guilty.”