A DERBY terror suspect who was given a control order restricting his activities more than three years ago has had a High Court appeal against the ruling thrown out.

The suspect, known as GG, was one of five Iraqi Kurds arrested on suspicion of plotting terrorist attacks in London and other cities across the UK, using cars packed with explosives.

He was arrested in a dawn raid at his Derby home in October 2005, along with another suspect, known as NN, although both men were later released without charge.

They were instead given Home Office control orders – issued to terror suspects who cannot be prosecuted due to lack of evidence – which restricted their movements.

Both orders were renewed in July last year.

However, in a ruling yesterday, NN had his order quashed – despite lawyers for the Home Secretary arguing he would be likely to continue past terrorist-related activities – while GG's order remained in place.

The restriction placed on GG came after he was found to have given advice on the interpretation of the Koran which may have urged others to fight coalition forces in Iraq.

Mr Justice Collins said he was satisfied that if GG's control order was lifted, he could become a danger to the public.

He said: "There is, it seems to me, a real risk that he has given and may continue to give this dangerous sort of advice."

The judge ruled that giving any religious advice to others was "too wide and too vague" and suggested that the control order should be changed to stop him saying or publishing anything which would encourage or glorify acts of violence.

Part of the control order stated that GG would have to agree to be searched on a regular basis for items which might "constitute evidence that an individual was a terrorist".

But Mr Justice Collins overturned that requirement, adding: "A search of the person is a trespass and, unless authorised, is an unlawful act."

Control orders give the Home Office the power to impose daily curfews as well as restrictions on where a suspect can go and who they can meet.

The orders were placed on GG, NN and three suspects arrested in Croydon at the same time after they were released without charge in relation to terrorism but then redetained under the Immigration Act.

An application to have them deported to Iraq failed and so the original control orders were made.

Mr Justice Collins said that there was enough evidence to suggest that, if NN's order was lifted, he would not pose a threat to national security.

He said: "It is of course a possibility but it does not establish a continuing need to maintain a control order.

"We are now three years on – NN has married and has a small child.

"That in itself would not necessarily mean that he would not continue with terrorist-related activities but it is a matter to be put in the balance of his favour."

A Home Office spokeswoman said the decision to remove the restrictions placed on NN would not affect its ability to place control orders on other terror suspects.

She said: "It is disappointing that the court has quashed the renewal of NN's control order, particularly considering the judge recognises that the original decision to make the control order was justified.

"We cannot appeal this judgment but we will take all steps necessary to protect national security."