Ben Stokes has been England Test captain since 2022. Ben Stokes' involvement in an incident in a London nightclub should not cost him his job as England Test captain, according to Michael Vaughan.

Stokes and team-mate Gus Atkinson broke the England team's midnight curfew by celebrating the first-Test victory over New Zealand into the early hours of Monday morning. They were present when a member of England's security staff was struck by Saracens rugby player Totoa Avuaa. Both Stokes and Atkinson are under investigation by the England and Wales Cricket Board (ECB) and the Cricket Regulator.

Former England skipper Vaughan wrote in the Telegraph: "Yes, Ben Stokes broke a curfew. Yes, he made a mistake. But is that a sacking offence as England's Test captain? I don't think so."

England are due to name a squad for the second Test at The Oval by Thursday at the latest. The squad assembles to train on Sunday, with the match beginning next Wednesday. While investigations are ongoing, neither Stokes nor Atkinson can be omitted from the squad as a result of a sanction. Therefore, perhaps the only reason either man would be left out of the squad is if it is felt it is not in the best interests of the individuals or the England team for them to be present.

Stokes, 35, has been given time by the ECB in order to consider his options. The governing body has denied any suggestion he has been asked to resign.

Vaughan, who famously led England to victory in the 2005 Ashes, also wrote: "The ECB has to be brave enough and strong enough to do what it thinks is right. If that is to sack him then fine, but I do not agree with that decision on this issue."

While the ECB may see an urgency to complete its own investigation, the inquiries of the Cricket Regulator – which is independent from the ECB – could take many weeks. Stokes out of England squad, Root named captain 'In emergency, break glass' - England seek stability in Root.

Stokes and drinking give England another headache. The episode is an unwanted controversy for the ECB following a dismal 4-1 Ashes tour of Australia that was dogged by off-field controversy. As a result of late-night drinking incidents involving Harry Brook, Jacob Bethell, Josh Tongue, and Ben Duckett, all England players and staff were placed under a midnight curfew.

Captain Stokes broke the curfew on his first appearance for England since it was introduced. The curfew was still in place on Sunday evening, despite the completion of the 115-run over New Zealand at Lord's. In a statement released on Monday evening, the ECB said it was "investigating a breach of team protocols". The statement confirmed all-rounder Stokes and pace bowler Atkinson had broken the curfew by being present at the nightclub into the early hours. It later emerged that the member of security staff was struck by Saracens player Avuaa. The staff member was left bloodied and in need of medical treatment.

If Stokes is replaced as England captain, either temporarily or permanently, Test vice-captain Brook would be a candidate to replace him. The situation presents a problem for the ECB after Brook was also involved in a nightclub incident in October.

Stokes was struck by a bouncer at a Wellington club on the night before he led England in a one-day international against New Zealand. When details of the incident emerged in January, the ECB said Brook had been given a final warning about his conduct and fined. The fine was initially thought to be £30,000, though there were later suggestions it could have been as much as £50,000.

Bethell and Tongue were also present in Wellington. All three men were investigated by the Regulator, who cautioned Brook and Bethell, and took no action against Tongue.

"The problem for ECB chief executive Richard Gould, and director of cricket Rob Key, is the poor handling of the Brook situation has set a precedent," said Vaughan, who is also a pundit for the BBC's Test Match Special. "They allowed him to carry on as captain, hushed it up and by being so lenient put themselves in a position where they had to come down hard on any other minor transgression of the team rules in the future.

"They hit Brook with a fine, not a suspension. A fine is nothing to these lads. So when those at the highest level of management allow the team to get away with quite a lot, do not be surprised if it happens again."

Get cricket news sent straight to your phone.