Stokes now available for selection by England as he awaits trial for affray
● ECB decides it ‘would not be fair’ to exclude player until court case
Ben Stokes is to resume his international career after being charged with affray and is due to rejoin the team next month in New Zealand.
England have deemed him unavailable for selection ever since his initial arrest following an incident in Bristol in September but the ECB’S 13-strong management board has decided that suspension should end.
They debated the matter, with chairman Colin Graves contributing from New Zealand via conference call, after the Crown Prosecution Service confirmed on Monday that Stokes would appear at a magistrates’ court at an unspecified date, along with two other men.
An England and Wales Cricket Board statement read: “Following a full Board discussion, in which all considerations were taken into account, the ECB Board has agreed that Ben Stokes should now be considered for England selection.
“Given the CPS decision to charge him and two others with affray, confirmation of his intention to contest the charge and the potential length of time to trial, the board agreed that it would not be fair, reasonable or proportionate for Ben Stokes to remain unavailable for a further indeterminate period.
“ECB fully respects the legal process and the player’s intention to defend himself against the charge.”
England face Australia in the second of five one-day internationals tomorrow, but Stokes is not set to link back up with the side until the latter part of the subsequent Twenty20 Triseries involving both sides and New Zealand.
The delay in Stokes’ availability for the tri-series is believed to be in case there is a court appearance he would have to attend. If all goes to plan, the 26-year-old could return for England against the Black Caps on 13 and 18 February.
“England selectors, management and players have been informed and Ben Stokes is expected to join the squad in New Zealand for February’s T20 matches,” the statement added.
Stokes has already played a handful of games in New Zealand, the country of his birth, after the ECB cleared him to join Canterbury Kings while they unsuccessfully contested the Ashes in his absence.
Alex Hales, who was present with Stokes on the night in question, has already returned to the England side after Avon and Somerset Police made it clear no charges would be brought against him.
Both he and Stokes still face an internal investigation from the ECB’S independent cricket discipline commission but that will not begin until the legal process has run its course.
The charge of affray is made under the Public Order Act 1986 and effectively relates to fighting in public.
It carries a maximum penalty when tried summarily in the magistrates’ court of a fine or up to six months in prison. When tried on indictment – in the crown court – there is a maximum tariff of up to three years in prison.