Toney was charged with 232 betting breaches in November and a further 30 in December, and a disciplinary hearing has yet to take place.
"He is playing for his club and available for them," said Southgate. "There hasn't been a trial or any judgement so I don't know on what basis we wouldn't pick him.
"Ivan has been consistent across the season. He is playing really well. I like his presence in games."
Toney was picked in the squad for England's Nations League qualifiers with Italy and Germany last year but did not play.
The forward has helped Brentford to eighth in the Premier League this season and scored the equaliser in a 1-1 draw with top-flight leaders Arsenal in February.คาสิโนออนไลน์888
"I saw his game against Arsenal where he was outstanding and he deserves his opportunity," Southgate added.
'Walker situation is complicated'
Manchester City right-back Kyle Walker has been picked, despite Cheshire Police launching an investigation after a newspaper alleged he indecently exposed himself in a bar.
"It is a complicated situation, I have spoken at length with him," said Southgate.
"He is back playing with his club, there is no conclusive evidence to leave him out at this stage. I have to be careful on being the moral judge on things.