Assume the following as fact.

Millie is aged 7 years and is the complainant in a prosecution case against her step-father, Bryan. Millie reported to her mother that Bryan had been touching her and engaging in sexual behaviours in her presence since she was 5. This was then reported to the police, who later investigated, arrested and charge Bryan. Bryan has been charged with two counts of sexual intercourse (involving digital penetration of the vagina), and three counts of indecent behaviour (exposing his penis). Millie was interviewed by the Child Investigations Team, who video-recorded a series of interviews with Millie in the presence of her mother. She was referred to a specialist child sexual assault counsellor after these interviews. Bryan is now on trial in the District/County Court. Millie has been called to give evidence.

(A) Assume you are defending Bryan. Your instructing solicitor has asked that you challenge the competency of Millie to give evidence. Explain the relevant law and procedure that must be used. What test, or tests, must be used by the learned Judge in making that assessment? Are there any other arrangements that should be used when Millie is giving evidence?

Following Millie's evidence, counsel for the prosecution calls Millie's mother, Monica. It is very clear that she she does not want to give evidence.

(B) Is Monica compellable to give evidence for the prosecution against Bryan? Give reasons for your answer.

As the trial progresses, the prosecution calls Millie's father, Wayne, to give evidence. As the testimony progresses, the prosecutor asks "Did you notice any changes in Millie?"

(C) Again, assume you are representing the defendant. Your instructing solicitor passes you a note that reads "Object! Relevance?" Should you make an objection? Explain your reasons using the relevant law.

Once the prosecutor concludes evidence from Wayne, your instructing solicitor requires you to open a line of questioning that suggests that Wayne, in fact, had been interfering with his daughter rather than Bryan.

(D) Can Wayne or the prosecution object to answering this question? If so, on what grounds?

As the trial progresses, Ms Twomey, the counsellor who provided trauma intervention for Millie, was called by the prosecution. It becomes clear in the course of that discussion that Ms Twomey had made numerous contemporaneous notes about Millie and her recollection and emotional state over the course of several months of therapy.

(E) During cross-examination, counsel for the Defence call on the records of the counsellor to be produced to the court. The call is objected to by the prosecutor, but pressed by the defence. Assume you are the Judge. What do you do, and why?