In other words it remains to be seen whether Stokes will be charged or not by the CPS.
Alex Hales, who was also involved in the altercation, has also been given the green light to rejoin the global side.
"Selectors were given clear guidance to name their strongest squad and have made their selections accordingly".
"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 European Central Bank said in a statement on Monday night.
"Whether it's any more of a circus than it's already been, it's hard to say".
After making just two runs and had figures of 0-49 off nine overs in a defeat to Otago, he got off to a promising start in his second match. "But we've got to adjust to that at some stage".
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Stokes is now playing domestic cricket in New Zealand.
He did better against Auckland on Wednesday, hitting 34 from 41 deliveries as he shakes off the rust.
Avon and Somerset police have completed their investigation and have now handed the files over to the Crown Prosecution Service to decide whether or not charges should be laid.
Bayliss also said he was ready for all the scrutiny that Stokes's reinstatement would bring. "Still waiting for the police report", coach Trevor Bayliss said, highlighting the vast uncertainty over the star's availability.
The England Cricket Board said in their statement Thursday that once they receive formal confirmation on whether he has been charged or not, they would meet within 48 hours to decide on whether he plays.
Moeen was the only player from the XI that played against Australia in the Adelaide Test to feature in the match.
"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". For now, the involvement of Stokes and Hales in the ODI squad is subject to the legal clearances. After the conclusion of the Ashes, the English side will lock horns with the Aussies in a five match ODI series.