A man who spent 17 years in prison after being wrongly convicted of rape is still awaiting compensation three years after his release.

Andrew Malkinson, 58, had his conviction for the 2003 sexual assault near Bolton overturned last year.

Emily Bolton, the lawyer who represented him in his criminal appeal, said she felt “the state was trying to break him.”

The Ministry of Justice (MoJ) said it was trying to make a decision on compensation “as quickly as possible”.

Mr Malkinson’s conviction was overturned in July after the Court of Appeal heard allegations of major failings in the handling of the case against him.

Ms Bolton told the Today’s program that he is “absolutely still struggling” and frustrated by demands for information he must provide to the Department for Work and Pensions in order to receive benefits.

She said: “It’s about being wary. What more does Andy have to prove?”

Ms Bolton said Mr Malkinson should have received an interim compensation payment “yesterday”.

She said he instead received a letter telling him the average wait time for compensation was 31 weeks.

“Andy should not be referred to statistics, it’s a very simple case…I can’t begin to describe how frustrating and outrageous this is from where he sits.

“Thirty-one weeks, that’s seven months, that takes it to next spring, that’s their average processing time.

“So why is it taking so long for a government, which has already admitted that he was wrongly convicted, to accept him into a program that provides compensation for people who were wrongly convicted?”

Mr Malkinson fought for 20 years to prove he was innocent of raping a mother-of-two from Salford, who cannot be named for legal reasons.

He could have been released after six and a half years if he had made a false confession – something he said he never wanted to do.

Ms Bolton said that as the compensation system has changed, it is no longer automatically paid to those who leave prison after having their convictions overturned.

She said: “This system is just not fit for purpose because it is so slow and there are so many aspects that Andy has had to challenge… these fights have taken time, but now. .. the Secretary of State just has to approve it for the program.

“And once they get that approval, they can then request that interim payment.”

But she warned that it would also “take time” to happen.

A Ministry of Justice spokesperson said: “We have made clear that those who have suffered devastating miscarriages of justice like Andrew Malkinson should not have to use their compensation to take legal action against those responsible.

“We are working to make a decision on Mr Malkinson’s compensation claim as quickly as possible.”