Ben Stokes and Alex Hales have been named in England’s one-day squad for the five-match series against Australia in the New Year.
Stokes, has not played since being arrested following an incident outside a Bristol nightclub in September.
He is not available for selection until the Crown Prosecution Service decides whether to charge him.
Once a decision has been made, the England and Wales Cricket Board will decide on disciplinary action.
Being named in the squad does not mean either will play in Australia. Stokes remains part of England’s Ashes squad despite not travelling with the team.
Instead he is playing domestic cricket in New Zealand for Canterbury while a legal decision is made.