The chair of the Covid inquiry has criticised the government for implementing “bad” and “extraordinary” legislation and policing powers that left officers and the public unsure of the law.

In an unusual intervention, Heather Hallett raised concerns around police powers under the Coronavirus Act during evidence given by Martin Hewitt, the former chair of the National Police Chiefs’ Council (NPCC) on Thursday.

Discussing the police powers such as the ability to force someone to take a Covid test, Hallett said she couldn’t see the “purpose”.

“The power to test – it’s an extraordinary power,” said Hallett. “I shouldn’t be one to criticise our elected representatives, but I can’t see the purpose.

“I see an awful lot of uncertainties… there are so many reasons why that is a bad piece of legislation.”

She added: “I shouldn’t criticise but I’m going to.”

It comes hours after the publication of a controversial column in The Times by UK home secretary Suella Braverman, criticising the police for “play[ing] favourites play when it comes to protesters”, claiming the policing of pro-Palestine marches and Black Lives Matter protests was overly lenient. She has been criticised for attempting to interfere with the operational decisions of the police.

Giving evidence, Hewitt agreed with Hallett that confusion around what was legislation and what was guidance contributed to the efficacy of the police during the pandemic when new legislation around police powers was rushed through Parliament.

“From a very practical policing point of view, how one forms a reasonable ground to suggest that somebody has or may be affected with a virus that you can’t see, seems to me to be quite a challenge in a practical sense,” he said.

Referring to an NPCC document that outlined laws and guidance, Hewitt told the inquiry that “there is so much in there that is open to interpretation and that makes that a very, very difficult power for anyone to confidently to confidently use on the street”.

Meanwhile, the former chair of the police group admitted that police had made wrong decisions when it came to enforcement.

“There will always be that officer discretion,” said Hewitt, “and I don’t think it’s particularly controversial to say that, obviously, some officers didn’t get that right.”

Police forces across the UK were criticised for disproportionately targeting Black and minority ethnic communities when enforcing laws during the pandemic, who were more likely to be stopped and searched or accused of wrongdoing during the pandemic.

It also had to apologise for how it policed a vigil held for Sarah Everard, who was raped and killed by a serving Met Police officer.

The inquiry will hear from former home secretary Priti Patel, Braverman’s predecessor in the Home Office, later today as part of the second module, which is scrutinising political governance and decision-making during the pandemic.

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