Ben Stokes has been named in England's 16-man squad for their five-match ODI series against Australia following the Ashes.
The 26-year-old has not played since being arrested following an incident outside a Bristol nightclub in September.
The Christchurch-born Stokes is not available for selection until the Crown Prosecution Service decides whether to charge him and once a decision is made, the England and Wales Cricket Board [ECB] will decide on disciplinary action.
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"Both Alex Hales and Ben Stokes are included, though their involvement remains subject to any relevant legal or disciplinary developments in relation to the incident in Bristol in September," a statement from ECB said.
Stokes is currently playing his cricket with Canterbury while a decision is being made. He scored two runs in his debut match, which was followed up with 34-runs against Auckland on Wednesday.
Canterbury has yet to win this season and face Northern Districts at Hagley Oval on Sunday.
Meanwhile the first one-day international between England and Australia takes place on January 15 in Melbourne.
England 16-man ODI squad: Eoin Morgan (c), Moeen Ali, Jonny Bairstow, Jake Ball, Sam Billings, Jos Buttler, Tom Curran, Alex Hales, Liam Plunkett, Adil Rashid, Joe Root, Jason Roy, Ben Stokes, David Willey, Chris Woakes, Mark Wood.