Allrounder Ben Stokes has been included in England’s squad for the Twenty20 series against Australia and New Zealand starting later this month.

The 26-year-old Stokes had already been selected in England’s One Day squad for the series against Australia, even though he remains unavailable for international selection as he waits to see if he will be charged following an incident outside a nightclub in England on Sept. 25.

The England and Wales Cricket Board said Monday that Stokes’ inclusion in the 16-man Twenty20 team is still subject to possible legal proceedings over the incident.

‘Ben Stokes is included, though his involvement remains subject to any relevant legal or disciplinary developments in relation to the incident in Bristol in September,’ an ECB statement said. ‘Should the ECB Board receive formal confirmation that Stokes has either been charged or that he will face no charges, they would convene within 48 hours to make a decision on his availability for the team at that stage.’

Last week, England replaced Ben Stokes in its one-day international squad after giving the allrounder permission to enter the draft for the lucrative Indian Premier League at the end of January.

Eoin Morgan will captain the England Twenty20 side for the Australia and New Zealand series. The squad also includes test captain Joe Root and test batsmen Dawid Malan and James Vince.

England Twenty20 Squad: Eoin Morgan (captain), Sam Billings, Jos Buttler, Tom Curran, Liam Dawson, Alex Hales, Chris Jordan, Dawid Malan, Liam Plunkett, Adil Rashid, Joe Root, Jason Roy, Ben Stokes, James Vince, David Willey, Mark Wood