Illegal Immigration: Principle and Pragmatism In the Criminal Law

In recent years, few offences have taken up as much government time as the prohibition against the employment and harbouring of illegal immigrants under the Immigration Act. Parliament has amended the legislation no less than 6 times since 1984, and the cases keep coming up to the High Court on appeal. All quarters are anxious to deal with the situation, but in our zeal to do so, the fundamental principles of criminal liability should not be tampered with without a clear and convincing justification for doing so. This article examines some of the changes to the normal principles of criminal liability occasioned by this 'war' against illegal immigration to see if such a justification exists