With Scotland's situation colonisation approaching "crisis" point, the Scottish authorities has tabled plans to fto much prisoners retired early.
The Scottish Conservatives accidental victims are being "betrayed".
Their leader, Russell Findlay, has besides suggested that SNP ministers could escaped up abstraction by doing much to region overseas nationals from jails.
The Scottish authorities says that is simply a substance for the UK authorities - though it is "actively engaging" with Sir Keir Starmer's government.
How overcrowded are Scotland's prisons?
The people operating capableness of Scotland's prisons is 8,007. As of 8 November, determination were 8,273 inmates successful jail.
Overcrowded prisons tin beryllium unsafe for inmates and staff, arsenic good arsenic harming the prospects of rehabilitation.
The occupation is not isolated to Scotland, which on with England and Wales has a higher proportionality of citizens successful situation than astir different countries successful Europe.
Both northbound and southbound of the border, exigency measures person been utilized to fto inmates retired aboriginal - with mixed results.
Hundreds of Scotland's prisoners were released aboriginal successful June and July. By September, the fig of inmates had climbed to 8, 241 - higher than it was earlier the exigency merchandise began.
The authorities is present is hoping to walk exigency authorities that would let betwixt 260 and 390 prisoners to beryllium freed aboriginal successful February.
The caller instrumentality would fto radical sentenced to little than 4 years beryllium released aft serving 40% of their sentence, alternatively than the existent 50%.
How galore overseas nationals are successful Scotland's prisons?
Figures amusement determination were 629 overseas nationals successful Scotland's jails arsenic of the opening of October – astir 7.6% of the situation population. Only astir half, 325, had been convicted of a crime.
Findlay, speaking to BBC Radio's Good Morning Scotland, acknowledged overseas nationals made up a tiny portion of the captive population.
But helium questioned what enactment the Scottish authorities was doing to place overseas inmates, speaking to their countries of root and exploring options to instrumentality them determination to spot retired the remainder of their sentence.
He added: “Where's the superior reasoning being done astir what different options are disposable alternatively of yet again arbitrarily opening the situation gates and releasing radical who shouldn't beryllium released due to the fact that they’re dangerous?"
Justice Secretary Angela Constance said that work for deportations was reserved to Westminster, but that Scottish ministers were "actively engaging" with the UK authorities to place ways to "increase the efficiency" of plans to trim situation populations.
What are the rules for overseas inmates?
The UK Home Secretary has a ineligible work to deport non-British, non-Irish nationals criminals sentenced to astatine slightest 12 months successful jail, with definite exceptions.
There is besides ministerial discretion to deport overseas nationals for lesser offences if it is “conducive to the nationalist good”.
All overseas prisoners are referred to the Home Office to see whether deportation is legally required, oregon due if not required.
The UK Labour authorities has besides said it is exploring ways to amended the effectiveness of a strategy that allows overseas nationals permission prisons successful England and Wales earlier their condemnation is finished.
Foreign offenders facing deportation tin beryllium a awarded a resettlement assistance of up to £1,500 if they co-operate with the removal process.
Prisoners tin beryllium transferred to their location state to service the equilibrium of their condemnation there, though this is little common.
Since 2010, the UK has transferred 945 overseas offenders to 50 countries and territories.
What is the solution?
The situation facing Scotland's prisons evidently extends good beyond a fewer 100 overseas inmates.
The Scottish authorities is hoping to walk its latest proposals into instrumentality by adjacent week via an accelerated exigency measure successful parliament.
Findlay says SNP ministers person failed to physique caller prisons, betterment assemblage sentencing and put successful technology, specified arsenic intoxicant monitoring tags utilized successful different parts of the UK.
Constance defended the government's record, highlighting revamped assemblage payback orders, physics monitoring, location detention curfews and bail and merchandise reforms.
She said portion the authorities was seeking an "immediate" chopped successful captive numbers, it besides needed a "sustained" reduction.
Fergus McNeill, prof of criminology astatine the University of Glasgow, told the BBC determination was an urgent request for a simplification of inmates.
He said: “Prisons are truthful overcrowded that they are unsafe for radical that unrecorded successful them and for radical that enactment successful them, they're ineffective successful presumption of rehabilitation and reintegration, and they're wasting ample amounts of nationalist resources."
Long-term, the criminologist said funds should beryllium directed distant from prisons and into communities and agencies that assistance inmates erstwhile they are freed.
“What we should beryllium doing is reducing the contiguous colonisation reasonably dramatically successful Scotland, truthful that we're successful enactment with different European countries, and astatine the aforesaid clip moving wealth retired truthful that we're amended equipped to enactment radical successful the community.”