According to Michael Vaughan, Ben Stokes should retain his position as England Test captain despite his role in a London nightclub incident.

Stokes and teammate Gus Atkinson violated the England squad's midnight curfew after celebrating their opening Test victory against New Zealand into the early hours of Monday.

They were present when Saracens rugby player Totoa Avuaa struck a member of the England security staff.

Both players face an ECB and Cricket Regulator inquiry over the matter.

Writing in the Telegraph, ex-England captain Vaughan said: "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 must announce their squad for the second Test at The Oval by Thursday, with training due to begin on Sunday ahead of the match starting the following Wednesday.

While the investigations continue, neither Stokes nor Atkinson can be dropped from the squad due to any punishment.

The only possible reason for exclusion would be if officials decide it is not in the best interests of the players or the team for them to be included.

Stokes, aged 35, has been given space by the ECB to weigh his choices, and the board has rejected claims he was pressured to step down.

Vaughan, who captained England to the 2005 Ashes triumph, added: "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."

Although the ECB may wish to conclude its probe swiftly, the independent Cricket Regulator's inquiries could last several weeks.

The episode adds unwanted scrutiny for the ECB after a troubled 4-1 Ashes series in Australia marred by off-field issues.

Following late-night drinking incidents involving Harry Brook, Jacob Bethell, Josh Tongue and Ben Duckett, a midnight curfew was imposed on all players and staff.

Captain Stokes breached the curfew on his first outing since its introduction, even though it remained active on Sunday night after the 115-run win over New Zealand at Lord's.

In a Monday statement, the ECB confirmed it was probing a breach of team protocols and verified that Stokes and Atkinson had stayed at the nightclub past the deadline.

It later emerged that the security staff member suffered an injury from Saracens player Avuaa and required medical attention.

Should Stokes be replaced as captain on a temporary or permanent basis, vice-captain Brook would be in contention to take over.

The ECB faces a challenge because Brook himself was involved in a nightclub incident in October.

The 27-year-old was hit by a bouncer at a Wellington venue the night before leading England in an ODI against New Zealand.

When the details surfaced in January, the ECB issued Brook a final warning on his behavior and imposed a fine, initially reported as £30,000 but later suggested to be up to £50,000.

Bethell and Tongue were also at the Wellington venue, and all three were reviewed by the Regulator, resulting in cautions for Brook and Bethell with 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 also works as a BBC Test Match Special pundit.

"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."