Stokes - suspended by the England and Wales Cricket Board (ECB) when footage of the incident emerged - was released without charge having been detained following an alleged fight with two men outside of a bar, while police refereed his case to the Crown Prosecution Service for "charging advice".
This means that Hales could play for England with immediate effect but find himself suspended by the CDC at a later date.
The Daily Mail is reporting that Stokes might be provisionally included in England's one-day squad which is expected to be announced at the end of the second Ashes test, which sped along in Adelaide on Monday as the hosts struggled under the lights with the bat in the second innings. "The independent Cricket Discipline Commission [CDC] has stayed the internal disciplinary process for both Alex Hales and Ben Stokes until the conclusion of any potential criminal proceedings relating to the incident".
Hales has also been cleared by the European Central Bank to play in the inaugural T10 competition in Dubai, a new competition with 10 overs per side.
Hales has also been granted a no-objection certificate to allow him to play in the inaugural T10 tournament in Dubai between December 21 and 24.
Ben Stokes endured a torrid time with bat and ball as he suffered defeat on his Canterbury debut against Otago in New Zealand's 50-over Ford Trophy.