Avon & Somerset police confirmed on Wednesday (November 29) that they have completed their investigation into the alleged brawl outside a Bristol nightclub in September involving Ben Stokes and have referred the case to the Criminal Prosecution Service (CPS) for “charging advice”.
It means that any hopes Stokes had of playing in the Ashes have now more or less disappeared and raises the prospect that he could yet be charged for the incident on September 25. The police confirmed that one man suffered a fractured eye socket in the altercation.
“We are now in a position to provide an update on our investigation into a disorder in Bristol which happened during the early hours of Monday, 25 September. A 27-year-old man suffered a fractured eye socket on Queens Road, Clifton.
“A 26-year-old man was arrested on suspicion of causing actual bodily harm and was later released under investigation. Three other men, aged 26, 27 and 28, have all voluntarily attended police stations for interview. Today (29/11), we have passed the case to the Crown Prosecution Service and are now seeking charging advice.”
It is normal for police to refer cases to the CPS for advice on how to proceed – except in the most minor cases – and they will then make a determination as to whether an individual should be charged and if so, charged with what. The CPS will then decide whether there is enough evidence for a realistic prospect of conviction and also whether it is in the public interest to proceed with the case.
It is not yet known how long that process will take – it will be weeks rather than days – but until the CPS have reached their decision, Stokes will remain unavailable for international duty. He has already missed two ODIs against Windies in September and the first Ashes Test in Brisbane last week. He will also be missing the day-night Test in Adelaide beginning on Saturday (December 2).
Given the police have not dropped the case against Stokes – as they could have done – it also raises the possibility of stronger ECB punishment for the 26-year-old than might have been the case if things had gone no further. When contacted by Cricbuzz, an ECB spokesman confirmed they would be making no comment on this development.
Stokes arrived in New Zealand on Wednesday morning local time to visit his family but also with a view to playing domestic cricket in the country having been granted a no-objection certificate by ECB. He is expected to sign a deal with Canterbury and could play in their 50-over match on Sunday in what was, at the time of his arrival, seen as a bid to get some match practice ahead of a potential Ashes call-up.
It had been thought that if Stokes was cleared by police, he may have been available for the third Test in Perth but this development means that is now almost certainly ruled out. The chances are slim that the case will be resolved in time for the last two Tests at the MCG beginning on December 26 and the SCG starting on January 4.
 that they have completed their investigation into the alleged brawl outside a Bristol nightclub in September involving Ben Stokes){kind=link}