Monty Panesar's was omitted from the England Lions team for the two-day match against Australia this weekend in Northampton.
England confirmed Panesar would not be considered for selection while Sussex continue to investigate a recent incident out side a Brighton nightclub that saw him fine.
This looks likely to end any outside chance of him being recalled to the senior squad for the fifth and final Ashes test at the The Oval next week.
The left-arm spinner was arrested and fined for urinating on bouncers early last Monday morning, just days after missing out on the squad selection for the fourth test.
Simon Kerrigan, Lancashire's left-armer, will now have the chance to make a name for himself against Australia and possibly overtake Panesar as England’s back up spinner behind Graeme Swann.
The national selections have confirmed that they would not consider him unless he is contracted with and playing regularly for a county side.
Northamptonshire have made their interests known if Sussex decide to move him on, though he is currently under contract until the end of the 2015 season.
Meanwhile, Eoin Morgan will captain the Lions team, which includes a number of new young faces, including Alex Lees from Yorkshire and Luke Wells of Sussex.
Liam Plunkett was a surprise call-up to the squad, he moved to Yorkshire this season to look for a new start after struggling for some time at Durham.
The full England lions squad to face Australia A:
E Morgan (Middlesex) (capt), Moeen Ali (Worcester), G Ballance (Yorkshire), K Barker (Warwickshire), J Buttler (Somerset), J Harris (Middlesex), S Kerrigan (Lancashire), A Lees (Yorkshire), L Plunkett (Yorkshire), B Stokes (Durham), L Wells (Sussex)
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