ALEX HALES has been cleared to be chosen for England again - but Ben Stokes must continue to sweat on his future.
Opener Hales is now almost certain to be included in England's squad for the one day series that follows the Ashes series.
Hales and the ECB have been told he is no longer a suspect and will face no charges for his part in the Bristol brawl on September 25.
Stokes is also likely to be included in the white ball squad when it is announced later this week but that doesn't mean he will play in the five 50-over games against Australia or the T20 tri-series also involving New Zealand.
Stokes remains unavailable for selection but it is a legal requirement that he is in the squad.
"Alex Hales will now be considered for England selection following confirmation that he is no longer a suspect in relation to an incident in Bristol in September," the ECB said in a statement.
"The ECB Board has convened via conference call to make the decision after being informed that Hales is deemed a witness and will face no charges."
Hales has been slated to make his return to competitive cricket in the inaugural T10 Cricket League in Dubai from December 21-24.
Stokes and Hales were suspended indefinitely by the ECB pending the outcome of a police investigation into their alleged involvement in a fight outside a nightclub which left a man with a fractured eye socket.
UK police have finalised their investigation with prosecutors now deciding whether to lay charges.
The ECB ban on Stokes and Hales applied only to England matches, with Stokes returning to competitive cricket in New Zealand last Sunday.
The all-rounder played a NZ domestic one-dayer for Canterbury and is expected to feature in another game for them in Auckland on Wednesday.
Once prosecutors inform the ECB of the status of Stokes, an independent Cricket Discipline Commission will decide on what, if any, penalty to impose, a separate process to any court action.